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Terms of Service for the TRAVELBOATAPP Platform

I. Definitions

In these Terms and Conditions, the following terms, when capitalized, have the meanings set forth below, regardless of whether they appear in the singular or plural:

“Terms of Service” – this document setting forth the rules for using the Travelboatapp Platform, including the rights and obligations of Users and Service Providers, the procedure for entering into charter agreements, and the terms and conditions for the provision of electronic services by the Service Provider.
“Service Provider” – an Owner, Shipowner, or other entity (e.g., a charter company, fleet operator, yacht manager) authorized under a valid agreement with the Owner or Shipowner to offer a vessel for rent (charter) or co-navigation via the Platform, in particular to conclude charter agreements with Users on its own behalf or on behalf of a third party.
“Owner” – a natural or legal person who holds legal title to the vessel (in particular, ownership, co-ownership, or a lease) and can demonstrate such title upon request by the Service Provider or the Charterer. The Owner may independently offer the vessel for rent (charter) or entrust this task to another entity under a separate agreement.
“Shipowner” – an entrepreneur conducting business activities in the field of yacht charter, a person who operates a yacht in their own name. The Shipowner is deemed to be the Owner, as well as any Service Provider to whom the Owner has entrusted responsibility for the operation of the vessel under a contract.
“Travelboat Sp. z o.o.” or “the Agency” or “the Agent” – the entity operating the Travelboatapp Platform, which provides intermediary services to Service Providers in concluding charter agreements with Users, in particular by providing technical infrastructure, marketing support, and tools for presenting Offers and communicating with Users. The Agent is not a party to charter agreements concluded through the Platform, unless expressly stated otherwise.
“Yacht Manager” – an entity providing vessel management services on behalf of the Owner or Shipowner, including, among other things, preparing handover reports, handling reservations, communicating with Charterers, accepting and returning the yacht, and other operational activities related to the charter. Yacht Managers, as defined in these Terms and Conditions, also include charter companies, fleet operators, and other professional entities acting under a contract with the Owner or Shipowner. A Manager may also act as a Service Provider if they have the appropriate authorization.
“Captain”/“Skipper” – a natural person who holds the appropriate qualifications and licenses required by the law of the vessel’s flag state or the state in whose waters the voyage takes place, and who exercises command over the vessel during the charter. The captain is responsible for navigating the vessel, complying with applicable maritime laws, managing the crew (if any), and ensuring the safety of all persons on board.
“User” – a natural person, legal entity, or organizational unit without legal personality to which the law grants legal capacity, using the Platform to search for, book, and enter into a vessel charter agreement with the Service Provider through the Service Provider. A User may be either a consumer or an entity acting in the course of business or professional activities.
End Customer (Guest) – a User, a natural or legal person who has made a Binding Reservation for a charter service with the Shipowner through the Agency.
“Charter (Charter Service)” – a vessel rental agreement under which the Service Provider undertakes, in exchange for payment of the agreed rent, to make vessels available to the End Customer for a specified period. The charter agreement may take the form of:
- Bareboat charter (so-called bareboat),
- Skippered charter (so-called skippered)
- Crewed charter (so-called crewed).
The detailed terms of the charter, including the scope of additional services, the obligations of the parties, and qualification requirements, are specified individually in the relevant offer or charter agreement.
“Service” – a service provided electronically by the Agent via the Travelboatapp Platform, consisting of:
- enabling Users and Service Providers to contact each other for the purpose of entering into a charter agreement for a vessels,
- enabling the Agent to contact the User to support the charter process (in particular through customer service),
- providing tools for searching for offers, making reservations, communicating, processing payments, and managing reservations.

The Service does not include the provision of charter services, which are performed exclusively by Service Providers.
“Platform” – an IT environment accessible at the website www.travelboatapp.com enabling the Agent to provide Services to Users and Service Providers, in particular regarding the presentation of Offers, the conclusion of charter agreements, and the management of reservations.
“Vessels” – a general term covering both yachts and other watercraft, in accordance with applicable law, which may be offered for charter on the Platform.
“Yacht” – a vessel offered for rent on the Platform, intended for recreation, sports, or water tourism, including in particular: sailboats, catamarans, motorboats, houseboats, luxury yachts, and other vessels intended for recreational or commercial use. Depending on the type of offer, “Yacht” may also include jet skis, inflatable boats, or other watercraft in accordance with applicable law and the charter terms.
“Offer” – information posted by the Service Provider on the Platform, containing the essential terms of the charter, in particular information about the vessel, available dates, price, Additional Options, cancellation policies, requirements regarding the skipper’s qualifications, payment terms, and other essential elements of the proposal to enter into a charter agreement. The publication of an Offer on the Platform does not constitute an offer within the meaning of the Civil Code, but rather an invitation to enter into a contract, unless expressly stated otherwise.
“Reservation” – an action performed by the User via the Platform, consisting of expressing the intention to enter into a vessel charter agreement under the terms specified in the Offer. A reservation may be paid or free of charge, binding or preliminary – in accordance with the rules described in the Terms of Service and the Offer.
“Order” – A reservation for which payment (in full or in part) has been made in accordance with the terms specified in the Offer, resulting in the conclusion of a charter agreement between the User and the Service Provider. Placing an Order constitutes acceptance of the terms of the Offer and the Platform Terms of Service, unless otherwise specified.
“Charter Service Agreement” – a Yacht rental agreement concluded between the End Customer and the Service Provider, whether through the use of the Platform or otherwise, specifying the rights and obligations of the parties, including payment terms, rules for using the Yacht, liability, and other provisions in accordance with applicable law and—in the case of an agreement concluded through the Platform – also with the content of the Offer available on the Platform.
“Content” – all materials, including in particular texts, photos, graphics, videos, data, descriptions, trademarks, and other information that the User or Service Provider posts on the Platform, in particular as part of Offers or Listings, for the purpose of making them available to other Users.
“User Content” – any materials, data, opinions, reviews, photos, or other content posted by the User on the Platform.
“Additional Options” – additional services or benefits not included in the basic charter, which the User may purchase from the Service Provider for an additional fee. Additional Options may include, in particular: bedding, towels, final cleaning, an outboard motor for the dinghy, a skipper, transfers, meals, starter kits, and other services specified in the Offer.
“Handover Report” – a document prepared at the time of handing over the Vessel to the End Customer, containing a description of its technical condition, equipment, and any damage. The report should be as detailed as possible, include photographic documentation, and contain comments from the parties. The Acceptance Report is drawn up jointly by the User and the Service Provider (or its authorized representative) and signed before the start of the charter, in accordance with the procedure described in the charter agreement or in the documentation provided by the Service Provider.
“Handover Report” – a document prepared at the time the User returns the Vessel upon completion of the charter, used to compare the condition of the Vessel with the description contained in the Acceptance Report. It should include a description of any changes, damage, or missing equipment, as well as photographic documentation and comments. The Handover Report is drawn up and signed by the User and the Service Provider (or its authorized representative) upon completion of the cruise, in accordance with the procedure specified by the Service Provider.
“Flag” – the nationality of a vessel, which determines the legal system applicable to the yacht, particularly with regard to technical, registration, and tax regulations, as well as provisions concerning the crew and the captain’s authority. Flying a flag does not exempt the vessel from the obligation to comply with the laws of the state in whose territorial waters the voyage takes place.
“Service Provider’s Price” – the total gross price for the basic charter of the vessel, as stated in the Offer or Advertisement by the Service Provider. This price does not include Additional Options, such as mooring fees, fuel costs, or other operating expenses, unless explicitly stated otherwise in the Offer.
“Tourism Product” – an additional product or service related to a sea voyage, offered on or through the Platform, which may be purchased by the User independently of the Yacht charter. Tourist Products may include, in particular: travel insurance, deposit insurance, accident insurance, transportation, accommodation before or after the charter, and other travel-related services.
“Payment System” – an integrated system available on the Platform that allows Users to make online payments through a licensed payment processor.
“Payment Description” - information provided to the User as part of the booking process, specifying the method of payment for the charter service (in particular via a licensed payment operator or through a sales agent model), the deadlines for transferring funds to Service Providers, and the identification details of the payment operator licensed by the relevant supervisory authority (e.g., the Polish Financial Supervision Authority) .
“Registration” – the process of creating an Account by the User on the Platform, consisting of providing the required data, accepting the Terms of Service and Privacy Policy, and, where applicable, verifying the User’s identity.
“Account” – a set of data and permissions assigned to a given User within the Platform’s system, created as a result of Registration, enabling the use of Platform features related to making Reservations, communicating with Service Providers, and managing Reservations and User data.
“Abuse” – any action by a User that violates these Terms of Service, the principles of social coexistence and good manners, or the law, in particular consisting of: providing false information, attempting to circumvent the payment system, infringing on the rights of other Users, or publishing illegal or false content.

II. General Provisions

All rights to the Online Platform, including, in particular, economic copyrights, intellectual property rights to its name, domain name, IT platform, as well as to templates, forms, and logos, are exclusively owned by Travelboatapp. Use of the aforementioned elements is permitted only in a manner consistent with these Terms and Conditions. Use of the aforementioned elements in a manner inconsistent with these Terms and Conditions or without the prior written consent of the Agency is prohibited and may result in civil and criminal liability
The Agency will exercise due diligence to ensure that Internet users can access the Platform using all commonly used web browsers, operating systems, device types, and Internet connection types.
The minimum technical requirements for using the Platform include:
1. a web browser version of at least Internet Explorer 11, Chrome 66, Firefox 60, Opera 53, or Safari 5,
2. JavaScript enabled,
3. acceptance of cookies,
4. an internet connection with a bandwidth of at least 256 kbit/s.
In order to place an order and make a reservation on the Platform via the Platform’s website, and to use the services provided electronically through the Platform, the User must have an active email account. The User is responsible for ensuring the accuracy of their contact information.
Making a reservation via the Platform constitutes acceptance of these Terms and Conditions and any other terms of use of the Platform that were provided to the User during the reservation process.
In the event that any competent authority determines that any provision of these Terms and Conditions or any other terms of use of the Platform provided to the User during the booking process is unlawful, the remaining provisions and terms shall remain in full force and effect.
These Terms and Conditions have been drafted in Polish and English, and these language versions constitute the original text. In the event of a dispute regarding the content of these Terms and Conditions or a discrepancy between the Polish-language version and a version in another language, the Polish-language version shall prevail, unless mandatory provisions of the law applicable to the place of performance of the service provide otherwise.
The Agency provides and maintains the Platform; however, it is not a party to the yacht charter service agreement and is not liable for its performance. Reservations and payments for yacht charter services are made through the Platform, but the entity providing the service is solely responsible for its proper performance.

III. The Travelboatapp Platform

As the owner and operator of the Travelboatapp online platform, the Agency facilitates the presentation of yacht charter offers prepared based on information provided by Service Providers, publishes these offers on the Platform, handles the booking process, and accepts payments on its own behalf for the benefit of the Service Provider—within the scope and under the terms and conditions set forth in these Terms and Conditions.
Service Providers shall provide the Agency with all data and materials necessary for the publication of an offer on the Platform, and shall bear full responsibility for the accuracy, completeness, and timeliness of the information provided, as well as for the proper performance of the yacht charter agreement concluded with the User.
Users who use the Platform to search for, book, and enter into a yacht charter agreement with a Service Provider through the Agency are required to comply with the provisions of these Terms and Conditions and the terms of the charter agreement concluded with the Service Provider. Before signing a contract with the Service Provider, the User is required to review the content of the offer and the charter terms and conditions.
The yacht charter agreement is concluded directly between the User and the Service Provider. The Service Provider bears sole responsibility for the performance of this agreement. Travelboatapp is not a part to the yacht charter agreement, and the Agency’s role is limited to acting as an intermediary in providing information, accepting payments, and handling the booking process via the Platform. In particular, the Agency is not liable for: cancellation of the cruise, changes to the terms of the offer, the poor condition of the yacht, the conduct of the crew, personal injury or property damage suffered by the User during the cruise, or any other consequences related to the performance of the charter agreement.
The Agency may promote individual Service Providers in accordance with the terms set forth in these Terms and Conditions. However, the choice of Service Provider and the yacht charter offered by them rests solely with the User, who makes this decision independently.
Since the Travelboatapp Platform operates based on information received from Service Providers, despite the Agency exercising due diligence in verifying Service Providers and the accuracy of the data they provide, the Agency cannot guarantee that this information is complete, up-to-date, and reliable in every case. Accordingly, the Agency shall not be liable for the data provided by Service Providers or for any failure to perform or improper performance of services by Service Providers in accordance with the agreement concluded with the User.
To make a reservation, it is necessary to create a User Account. All information provided within the Account must be true, complete, and up-to-date, which is essential for the proper functioning of the Platform and to ensure access to the yacht charter services offered. Failure to update the data in the Account may prevent the proper completion of the reservation.
Reservations via the Platform may only be made by Users who are at least 18 years of age. The Agency reserves the right to verify the User’s age and cancel any reservation made in violation of this condition.

IV. Use of the Platform

Users of the Platform are required to:
1. strictly comply with all applicable laws, including Polish law and European Union law;
2. cooperate with the Agency in combating fraud, money laundering, terrorist financing, and other abuses, in particular by promptly providing requested explanations and submitting required documents;
3. using the Platform exclusively in a manner that does not disrupt its operation, does not hinder other Users’ access to services, and does not result in the submission of fictitious, sham, or non-binding reservations;
4. to use the yacht charter service and/or the Platform in accordance with their intended purpose, the provisions of these Terms and Conditions, and any instructions or guidelines provided by the Agency;
5. to provide only true, complete, and up-to-date information when using the Platform, and not to use the data of another person or entity without their consent;
6. refrain from posting, transmitting, or publishing through the Platform any content of an unlawful nature, including, in particular, content that infringes copyright, personal rights, fair competition principles, or personal data protection regulations;
7. not to engage in any activities that may interfere with the security, integrity, or proper functioning of the Agency’s or other Users’ information and communication systems, including in particular by the use of malware, automated scripts, or attempts to gain unauthorized access to data;
8. to use the Platform in a manner consistent with the principles of social coexistence, fair dealing, good manners, and respect for the rights and legitimate interests of other Users, Service Providers, and Agencies;
9. to keep abreast of the current Terms of Service, privacy policy, cookie policy, and other documents governing the use of the Platform, including information on the methods used to determine the order in which offers are displayed (“How the Ranking Works”);
10. comply with the requirements arising from consumer protection regulations, including in particular the provisions of the Consumer Rights Act and the Omnibus Regulation, regarding information obligations and the fair use of reviews;
11. comply with restrictions arising from sector-specific regulations, including the law applicable to yacht charter agreements, particularly regarding required licenses, certificates, or permits.
The Service Provider is required to:
1. provide the Agency with accurate, complete, and up-to-date information regarding the yacht charter services offered, including descriptions, charter terms, prices, and availability,
2. comply with all applicable laws regarding the provision of yacht charter services and hold the required permits, licenses, insurance, and certificates necessary to perform these services.
3. to immediately inform the Agency of any changes regarding the terms of the offer or the unavailability of the vessel
The Service Provider bears full responsibility toward the User for the proper performance of the yacht charter agreement entered into with the User through the Platform. The Service Provider also undertakes to review complaints from Users and respond to them in accordance with consumer protection laws, if applicable.

V. Prices

By making a reservation, the User agrees to pay the price for the vessel charter service, which includes all costs specified in the Offer, any additional fees, and applicable taxes in accordance with applicable law. All applicable price components will be disclosed to the User prior to finalizing the reservation.
In some cases, prices may be presented rounded to the nearest whole number (01-50 / 51-99). The original price remains the basis for calculating the amount due, and any difference resulting from rounding will be minimal and insignificant in relation to the transaction value. Rounding is for presentation purposes only and does not affect the User’s obligations arising from the reservation.
Obvious errors and obvious misprints or errors in electronic communications do not constitute a binding offer. In particular, if a User books a premium-class or luxury-class yacht mistakenly offered at a price of 1 EUR or similar, such a booking may be canceled, and any amounts paid by the User will be refunded to them immediately. The Service Provider shall not be liable for any additional damages in this regard, except for the obligation to refund the amounts paid. The Service Provider will take steps to immediately correct obvious pricing errors upon their discovery. The provisions of this section do not limit consumers’ rights arising from mandatory provisions of law.

VI. Payment

Payments for reservations made through the Platform are processed:
1. under the commercial agent model as defined in Article 2(1) of Directive (EU) 2015/2366 of the European Parliament and of the Council (PSD2) and the corresponding implementing regulations in the Member State where the Service Provider is established, or
2. through a licensed payment service provider (Payment Service Provider – PSP) holding a license issued by the competent financial supervisory authority in an EU Member State and listed in the register maintained by the European Banking Authority (EBA), with the ability to provide services on a cross-border basis (“passporting”) within the territory of other Member States of the European Union and the European Economic Area.
When processing payments via a PSP, the Agent acts as the recipient of funds on behalf of the Service Provider and transfers them to the Service Provider within the timeframes specified in the agreement between them.
All payment transactions are processed in an environment that ensures data transmission security, using Strong Customer Authentication (SCA) procedures in accordance with the PSD2 Directive and Commission Delegated Regulation (EU) 2018/389.
Payments may be made in euros (EUR), U.S. dollars (USD), or Polish zlotys (PLN). For payments in a currency other than the currency of the User’s payment account, currency conversion fees may apply based on the exchange rate used by the User’s bank or payment instrument provider.
The User is obligated to use only payment instruments of which they are the authorized holder and to ensure the confidentiality of the data used to authorize transactions.
A payment is considered made upon receipt by the Agency or the PSP of confirmation of its authorization.
The Platform ensures that the terms and conditions of payment processing, including all fees and commissions, are presented to the User in a language the User understands, and in the case of services provided in another Member State, also in the official language of that country or in another language agreed upon with the consumer.
Complaints regarding payment processing may be submitted to the Agency, which, in cooperation with the relevant PSP or under the merchant agent model, will take steps to address them in accordance with applicable law.

VII. Rules for Determining the Order of Offer Display (Ranking)

Yacht charter offers displayed on the Platform are, by default, sorted according to a ranking designed to present the User with the most relevant options.
The ranking is generated automatically based on the following main criteria and their relative weight:
1. matching of offer parameters to the User’s query (including location,
2. dates, yacht type) – 50%,
3. total service price – 25%,
4. average rating and number of reviews from verified customers – 15%,
  current availability of dates – 10%.
If a Service Provider purchases a promotion service, such an offer may be placed higher in search results or on the homepage, regardless of the criteria specified in paragraph 2. These offers are clearly marked as “Promoted Offer” or “Advertisement” in a manner visible to the User. The positioning of promoted offers does not affect the objective ranking of other offers, as referred to in points 1 and 2 above.
The ranking can be personalized to a certain extent, in particular by taking into account the User’s search history, location, or previous bookings, provided that the User has given prior consent to the processing of their data for this purpose.
The User may at any time change the default sorting setting to other available options, such as “lowest price,” “highest rating,” or “earliest date.”
This paragraph fulfills the information obligations arising from Article 5 of Regulation (EU) 2019/1150 and Article 27 of Regulation (EU) 2022/2065.

VIII. Platform Terms of Use

By making a reservation, the User accepts the applicable terms and conditions displayed during the booking process. Each Service Provider’s cancellation policy and other terms and conditions, including, in particular, those regarding minimum age, required licenses, security deposits/damage deposits, group booking terms, availability of extra beds, meals, pet policies, accepted payment methods, etc., are made available on the Platform, on the pages containing information about the Shipowner, and presented during the booking process in the “Important Information” section, as well as in the booking confirmation email or on the Boarding Pass, if applicable.
In the event of a booking cancellation or the User’s failure to show up by the agreed date, the Service Provider’s policies regarding cancellation and no-show fees apply, including refund policies, if applicable.
Some reservations may not be eligible for free cancellation, and others may be canceled free of charge only within the timeframe specified in the offer terms.
In the case of a yacht charter reservation paid in advance (including all price components and any damage deposit, if applicable), the Service Provider is entitled to cancel the reservation without prior notice if it proves impossible to collect the amount due within the specified time frame. In such a situation, any non-refundable payments made by the User may be refunded solely at the discretion of the Service Provider. The User is responsible for ensuring timely payment (including the accuracy of bank or payment card details and the availability of funds). Detailed payment terms are set forth in § IV of the Terms and Conditions [Payments – PSD2].
If the User anticipates a delay in arriving at the location where the yacht charter service is to be provided, they are required to immediately contact the Service Provider and indicate the expected time of arrival. The User bears sole responsibility for arriving on time, and in the event of a delay, the Agency shall not be liable for any costs or consequences (including cancellation of the reservation or fees charged by the Service Provider).
The User making the reservation is responsible for the actions and conduct of all persons included in their reservation in connection with the provision of the yacht charter service. The User is also required to obtain consent from these persons before disclosing their personal data.

IX. Cancellation Policy

The terms and conditions for canceling a reservation, as well as any applicable cancellation fees, are determined on a case-by-case basis by the Provider and specified in the vessel rental agreement.
Information regarding cancellation policies includes, in particular:
1. the possibility of free cancellation within a specified period,
2. the amount of fees in the event of cancellation after the free cancellation period has expired or in the event of a no-show at the charter location,
3. the method of notifying the cancellation.
In the event of a reservation cancellation or the User’s failure to appear at the agreed time, a refund (if applicable) will be issued in accordance with the terms set by the Service Provider.
In exceptional circumstances (e.g., force majeure), the cancellation policy may be modified—in such cases, the User will be immediately informed of the changes.
If payment was made in advance, the refund will be processed through the same payment method used for the booking, unless the User agrees to a different refund method.

X. Accessibility for People with Disabilities

The Platform exercises due diligence to ensure that Travelboatapp meets the accessibility requirements set forth in European Union law, in particular in Directive (EU) 2019/882 of April 17, 2019, on the accessibility requirements for products and services (European Accessibility Act), and in national laws implementing these provisions.
The Platform’s user interface is designed to be accessible to people with various types of disabilities, including through the use of assistive technologies (such as screen readers), and in compliance with requirements regarding contrast, font scalability, and content accessibility.
The Service Provider provides at least one point of contact for users to report accessibility issues. Contact is possible via:
1. the contact form available on the Platform’s website.
Reports regarding lack of accessibility will be addressed without undue delay, no later than 14 days from the date of receipt, with a reasoned response and—where possible—a proposed solution to the problem.
If providing access in the requested format is not possible for technical or legal reasons, the Agency will explain the reasons and suggest an alternative way to access the content or service.
Accessibility information may be made available on the Platform or provided upon the User’s request.

XI. Insurance

Availability of insurance. Through the Platform, the User may purchase additional insurance products related to yacht charter or travel (hereinafter referred to as “Insurance Products”), offered by third-party insurance providers (hereinafter referred to as “Insurer”).
Types of insurance offered
Insurance Products may include, in particular:
a. charter cancellation insurance,
b. security deposit insurance,
c. accident insurance,
d. medical expenses and assistance insurance,
e. additional liability insurance for the skipper or crew.
Conclusion of the Insurance Contract
The insurance contract is concluded directly between the User and the designated Insurer under the terms and conditions set forth in the General Insurance Terms and Conditions (GITC) made available to the User prior to the purchase of the Insurance Product. The Agency is not a party to this contract and bears no responsibility for its performance.
Scope of the Agency’s Liability
The Agency acts solely as a provider of access to Insurance Products via the Platform and does not provide insurance brokerage services as defined by applicable law. Any questions, complaints, or claims regarding an Insurance Product should be directed directly to the relevant Insurer.
No Obligation to Purchase
The purchase of an Insurance Product through the Platform is voluntary and does not constitute a condition for booking a yacht charter service.
Recommendation
The Agency recommends considering the purchase of appropriate insurance, in particular cancellation insurance, accident insurance, and a security deposit, in order to mitigate potential risks associated with yacht charter.

XII. Intellectual Property Rights, Terms of Use of the Platform, and Liability for Infringements

Unless expressly stated otherwise, all rights to the Travelboatapp Platform, including in particular copyrights, industrial property rights, trademark rights, rights to graphic elements, the layout and functionality of the interface, source code, databases, content posted on the Platform, and know-how, are exclusively owned by the Agency or its licensors. By using the Platform, the User agrees to use it solely in a manner consistent with its intended purpose, these Terms of Service, and other rules presented to the User during the booking process.
In particular, it is prohibited to:
1. monitor, copy, download, reproduce, index, extract, or otherwise use any part of the Platform’s content or functionality for commercial purposes or for purposes other than those permitted in these Terms of Service, without the prior, express written consent from the Agency or its licensors,
2. using devices, software, or processes to automatically collect data from the Platform (so-called web scraping),
3. taking actions that cause an excessive load on the Platform’s infrastructure or threaten its proper functioning.
The Agency continuously monitors the use of the Platform and reserves the right to:
1. immediately block access to any User or entity whose actions violate the provisions of this section or threaten the security of the Platform;
2. take legal action, including filing claims for damages covering both actual losses and lost profits;
3. notify the relevant law enforcement or regulatory authorities of any suspected criminal activity.
The User bears full civil liability and—to the extent provided by applicable law—criminal liability for any damages caused to the Agency or third parties as a result of a violation of intellectual property rights or other provisions of this section.

XIII. Complaints

If you have any questions, comments, or complaints regarding the yacht charter brokerage services provided through the Platform, you may contact the Agency’s Customer Service Department:
1. by sending a letter to the following address: ul. Grzybowska 2/31, 00-131 Warsaw, or
2. by sending an email to: info@travelboatapp.com
The complaint should, if possible, include:
1. the reservation number, contact details, reservation PIN, and the email address used when making the reservation (if available),
2. a brief description of the problem, along with an indication of the expected manner in which the Agency should provide assistance,
3. documents or other materials confirming the circumstances of the claim, such as a bank statement, photos, receipts, or other evidence.
All reports and complaints are recorded in a manner that allows for their identification and status tracking. Reports marked as urgent are processed first.
In the event of a dispute arising from a concluded contract or a yacht charter service, the Consumer has the right to use out-of-court dispute resolution and claim settlement procedures (ADR) applicable in:
1. the Consumer’s country of residence or
2. the country where the service was performed.
With regard to services provided within the territory of the Republic of Poland, the competent ADR entity is the Trade Inspection Authority – Provincial Trade Inspection Office in Warsaw, Henryka Sienkiewicza 3, 00-015 Warszawa, 22 826 18 30, IH_WARSZAWA@WIIH.ORG.PL, website: https://www.uokik.gov.pl/wazne_adresy.php.
With regard to services provided within the territory of the Republic of Croatia, the Consumer may seek assistance from the Center for Mediation at the Croatian Chamber of Commerce (Center for Mediation at the Croatian Chamber of Commerce), Rooseveltov trg 2, 10000 Zagreb, Croatia, email: mirenje@hgk.hr, website: https://www.hgk.hr/centar-za-mirenje.
The Consumer may also use the national list of ADR entities maintained by the competent authority in the relevant European Union member state.
The Agency does not use the ODR platform operated by the European Commission, as it will be discontinued in July 2025.
A consumer or a non-consumer user may also pursue claims through court proceedings before the competent court in accordance with applicable law.

XIV. Communication with the Service Provider

The Agency enables Users to send inquiries, messages, and other information to Service Providers in connection with a booking or the provision of a yacht charter service through the Agency. Communication may take place via the communication channels specified during the booking process or in the booking confirmation email.
All communication conducted through the Platform should be factual, relate to the subject of the booking, and comply with the law and good manners.
It is prohibited to send unlawful content, including, in particular, content that is defamatory, offensive, discriminatory, misleading, infringes on the rights of third parties, is intended to circumvent the rules of use of the Platform, or may damage the Platform’s reputation.
To ensure transaction security, verify arrangements, and prevent abuse, communications conducted via the Platform may be automatically recorded and archived by the Service Provider in accordance with the Privacy Policy.
In cases requiring urgent intervention (e.g., delayed delivery of the yacht, breakdown during the charter), the User may contact the Service Provider directly using the contact information provided in the booking confirmation email.
The Service Provider is obligated to ensure an efficient channel of communication with the User for the duration of the charter agreement.
The Agency is not liable for the content of messages exchanged between the User and the Service Provider, unless such content was made available by the Agency.
In the event of a dispute or a complaint regarding the yacht charter service, communication between the User and the Service Provider may be conducted through the Agency in a manner that allows the Agency to document it, in accordance with the procedure described in this chapter.
Language of Communication - The primary language of communication on the Platform is Polish or English, unless otherwise specified in the Offer. The Service Provider may facilitate communication in another language if required by the laws applicable to the place of service performance or as agreed upon by the parties.
The fact that the Agency facilitates communication between the Service Provider and the User and may assist in such communication does not imply that the Agency bears any responsibility for the charter service or for anything the Service Provider does or fails to do. The Agency cannot guarantee that the Service Provider will read the documents received from the User or that they will do what the User requests, nor, conversely, that the User will do what the Service Provider requests. This is the sole responsibility of the Service Provider and the User, respectively.

XV. Measures taken in the event of a violation of the Terms of Service or applicable law

If a User violates the provisions of these Terms of Service, applicable laws, or regulations governing the use of the Travelboatapp Platform, the Agency reserves the right—depending on the nature and severity of the violation—to take the following measures:
1. block the User’s ability to make new reservations;
2. cancel reservations already made by the User;
3. restrict or completely prevent the User from using:
  - the Platform,
  - Customer Service,
  - the User Account.
In the event of a reservation cancellation due to a violation referred to in paragraph 1, the User may—depending on the circumstances—not be entitled to a refund of payments made.
The Agency may inform the User of the reasons for the cancellation of the reservation, unless providing such information:
1. would violate applicable laws, including data protection laws, or
2. could prevent, hinder, or delay the detection, prevention, or prosecution of fraud, abuse, or other unlawful activity.
A User who believes that their reservation has been canceled without just cause has the right to contact Customer Service using the contact information provided in these Terms and Conditions.

XVI. Limitation of Liability

The provisions of this section do not limit liability for personal injury, willful misconduct, or gross negligence, and apply only to the extent permitted by mandatory provisions of law.
Nothing in these Terms and Conditions limits or excludes the liability of the Agency or the Service Provider with respect to:
1. personal injury, including death, caused by a wrongful act or omission, in particular as a result of negligence;
2. damages arising from fraud or willful misrepresentation;
3. damage caused intentionally or as a result of gross negligence;
4. liability whose limitation or exclusion would be contrary to mandatory provisions of applicable law.
The Agency shall be liable only for actual damages that have arisen directly and are causally related to the User’s use of the Platform, in accordance with applicable law.
The Agency’s liability does not cover lost profits, indirect damages, or damages resulting from the acts or omissions of third parties for which the Agency is not liable, unless mandatory provisions of law provide otherwise.
No provision of these Terms and Conditions shall limit the Agency’s liability to the extent that such liability cannot be excluded or limited under applicable law, in particular with respect to liability for personal injury caused intentionally or as a result of gross negligence.
In the event of a breach by the User of the provisions of these Terms and Conditions and/or the terms of the yacht charter agreement concluded with the Service Provider, the Agency shall not be liable for any costs, losses, or damages incurred by the User in this regard.
The Agency shall not be liable for:
1. any losses or damages that could not reasonably have been foreseen at the time of booking or at the time of acceptance of these Terms and Conditions;
2. any events or circumstances beyond its reasonable control, including those resulting from force majeure, acts of public authorities, armed conflicts, natural disasters, disruptions in telecommunications networks, IT system failures, strikes, or other disruptions in the service delivery chain;
3. the consequences of the User providing incorrect, incomplete, or outdated information, in particular an email address, phone number, or payment details—unless the damage was caused by the Agency’s fault.
The Agency makes no representations or warranties regarding the products or services of Service Providers, except as expressly set forth in these Terms and Conditions or in the information provided to the User during the booking process.
To the extent permitted by law, the total liability of the Service Provider (and the Service Provider) for a single event or a series of related events arising from the use of the Platform or the fulfillment of a booking is limited to an amount corresponding to the User’s actual, reasonable, and reasonably foreseeable losses or damages directly causally related to the event in question.
The provisions of this paragraph apply only to the extent that they do not conflict with mandatory provisions of law, including, in particular, consumer protection laws in force in the Consumer’s country of residence. In the event of a conflict, the provisions of law providing the Consumer with protection that takes precedence over the provisions of these Terms and Conditions shall apply.
These provisions govern the relationship exclusively between the User and the Agency. No provision of these Terms and Conditions grants third parties (other than Service Providers) the right to assert any claims in connection with their content or performance.

XVII. Governing Law and Jurisdiction

In relations with consumers, the provisions of Regulation (EU) No. 1215/2012 (Brussels I bis) apply; the Agency may bring claims against a consumer only before the courts of the consumer’s place of residence.
These Terms and Conditions and the services provided by the Agency are governed by Polish law, subject to the provisions of paragraphs 3–5 below.
If the User is a consumer residing within the European Economic Area (EEA), the United Kingdom, or Switzerland (“Europe”), they are also entitled to rights arising from the mandatory provisions of consumer law in their country of residence, and these Terms and Conditions do not limit those rights.
If the User is a consumer residing outside of Europe, to the extent permitted by the mandatory provisions of consumer law in their country of residence, these Terms and Conditions are governed by Polish law.
For Users who are consumers residing in Europe, disputes arising from these Terms and Conditions or related to the Agency’s services may be brought:
1. by the User—at their discretion—before the courts having jurisdiction over their place of residence or before the courts having jurisdiction over the Agency’s registered office;
2. by the Agency—exclusively before the courts having jurisdiction over the User’s place of residence.
For Users who are consumers residing outside Europe, to the extent permitted by applicable local law, any disputes shall be resolved exclusively by the general courts having jurisdiction over the Agency’s registered office in Poland.

XVIII. Platform Functionality

The Platform provides a tool through which Service Providers can promote and sell their yacht charter offers, and Users can search for, compare, and make reservations.
All offers presented on the Platform come exclusively from Service Providers who have a business relationship with the Agency.
Information about Service Providers (including, among other things, amenities, terms of stay, and sustainability measures) and their yachts/charters (including, among other things, prices, availability, and cancellation policies) is based on data provided by these Service Providers.
After a booking is made, the Agency provides the User and the relevant Service Provider with the booking details, including the guests’ names and other information necessary to fulfill the service.
Depending on the booking terms, the User may be able to modify or cancel the booking. For assistance with this, please contact the Customer Service Center, available 24 hours a day.

XIX. Making Reservations and User Obligations

When making a reservation (or instructing someone to make one), the User enters into a contract directly with the Service Provider—the Agency is not a party to this contract.
The User is obligated to:
1. provide accurate and complete contact information to enable the transmission of booking details and communication regarding matters related to the booking;
2. review these Terms and Conditions, the terms displayed during the booking process, the key terms of the charter agreement, and the charter agreement signed upon pickup of the yacht, and to comply with them;
3. take care of the vessel (yacht) and all equipment, installations, and electronic devices on board, as well as ensure the safety of the yacht and its occupants;
4. immediately report to the Service Provider or the Agency any damage, loss, or destruction occurring during the use of the yacht, prior to the end of the charter;
5. meeting all requirements regarding sailing qualifications, age, and documentation required by the Service Provider;
6. reporting to the yacht pickup location at the designated time, with a complete set of required documents and sufficient funds on a credit card to cover the security deposit, including an adequate credit limit on the card;
7. ensure that the Skipper is licensed and qualified to operate the yacht, has held a valid sailing license for at least one year (or longer, if required by the Service Provider), and that all skippers listed in the charter agreement meet the criteria required by the Service Provider.
The primary renter (the person whose information was provided during the booking process) is the only person authorized to modify or cancel the booking, unless they designate another person in a manner accepted by the Agency.
In the event of a delay in picking up the yacht after the expiration of any grace period provided by the Service Provider, the yacht may not be available, and the User may lose the right to a refund.
In the event of unforeseen circumstances during the rental period (e.g., an accident, breakdown), the User is obligated to:
1. contact the Service Provider immediately,
2. refrain from making repairs without the prior consent of the Service Provider, unless expressly permitted by the rental agreement,
3. retain and provide all documentation related to the incident, including service bills, police reports, etc.
The costs of any repairs made without the Service Provider’s consent may not be refundable.

XX. Damage Policy

The damage policy does not cover:
1. the general cleanliness of the yacht,
2. normal wear and tear,
3. criminal acts (e.g., theft),
4. non-physical damages (e.g., fines for smoking or transporting animals).
The Service Provider may require a security deposit to cover potential damages before handing over the yacht; the User will be informed of this during the booking process. The Agency does not participate in the settlement of security deposits and does not mediate in the resolution of disputes regarding the retention or deductions from the security deposit—these are handled directly by the Service Provider.
The Agency does not guarantee and is not responsible for providing exactly the same model and brand of yacht specified in the reservation, unless expressly stated otherwise. The term “or similar” refers to a yacht of the same class, size, and standard.
The yacht photos posted on the Platform are for illustrative purposes only.

XXI. Changes, Cancellations, and Refunds

Cancellations made by the User:
1. cancellation of a reservation is possible under terms agreed upon individually between the User and the Service Provider.
2. once the rental has begun, cancellation is not possible, and fees paid are non-refundable.
The Service Provider may refuse to hand over the yacht, in particular in the following cases:
failure to appear at the pickup location and time,
lack of required sailing credentials,
lack of required documentation,
lack of a credit card issued to the Chief Skipper with sufficient funds to cover the security deposit.
if the Renter or Skipper is under the influence of intoxicating substances or alcohol
If the yacht is not made available, the User is required to contact the Agency immediately to cancel the reservation; in such a case, the User will receive a refund in accordance with the provisions of the vessel charter agreement, except in the situations described in Section 2 above, in which no refund is due. Failure to contact the Agency will result in the User being charged the full rental cost, unless the User can demonstrate that the cost to the Agency was lower. Where possible, the Agency will attempt to resell the booking to minimize costs.
Changes to the reservation by the User:
1. A reservation can be changed before the yacht pickup date;
2. Changes can be made via email, WhatsApp, or by phone;
3. Changes may affect the rental price and, in some cases, require cancellation and rebooking, which entails a cancellation fee;
4. The user is informed of any additional costs before the change is confirmed.
5. The User acknowledges that pursuant to Article 38(12) of the Act of May 30, 2014, on Consumer Rights, and Article 16(l) of Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011, the right to withdraw from a distance contract does not apply to contracts for the provision of services related to accommodation, the transport of goods, vehicle rental, catering, or leisure, if the contract specifies a specific date or period for the provision of the service.
6. The absence of a right of withdrawal under Article 38(12) of the Consumer Rights Act does not preclude consumer rights regarding claims for non-performance or improper performance of the contract.
7. The services offered through the Platform consist of yacht rentals (charters) for a strictly defined period specified in the reservation; therefore, the User does not have the statutory right to cancel the contract within 14 days of its conclusion.
8. The ability to cancel a reservation, change its dates, or obtain a full or partial refund of the amount paid depends solely on the cancellation terms set forth in these Terms and Conditions and—where applicable—in the Service Provider’s general terms and conditions.
9. The cancellation terms, including deadlines, fees, and refund policies, are presented to the User in a clear and understandable manner prior to making a reservation and require the User’s acceptance during the booking process.
10. The inability to exercise the statutory right of withdrawal does not preclude the User’s rights arising from mandatory provisions of law, in particular regarding claims for non-performance or improper performance of the contract

XXII. Additional information regarding the charter

Skippers must meet the age and qualification requirements specified by the Service Provider in accordance with the laws applicable to the location where the service is provided.
Only persons listed in the yacht charter agreement as skippers are authorized to operate the yacht. Transferring the helm to an unauthorized person is prohibited and may result in liability for damages and/or termination of the yacht charter agreement without a refund.
Late pickup of the yacht or its early return does not entitle the charterer to a refund of the unused portion of the fee, regardless of the reason.

XXIII. Disclosure Requirements Under the Omnibus Directive

Opinions and Reviews
1. Opinions and reviews displayed on the Platform may come from users who have used the services available through it.
2. The Platform may use mechanisms to verify opinions, in particular by linking them to a completed order or user data.
3. If verification is applied, relevant reviews may be marked as “verified review.”
4. If a review has not been marked as verified, this means that the Platform has not confirmed whether it comes from a user who actually used the service.
5. The Platform takes reasonable measures to limit the publication of reviews that violate the law or public decency.
Sponsored / Promoted Offers
Some of the offers presented on the Platform may have the status of “promoted offer” or “advertisement,” which means that the Shipowner has paid a fee for their prominence or that the listing stands out in some way. Sponsored offers are always clearly and visibly marked for the User and may be displayed higher in search results regardless of organic criteria. The promotion service does not affect the content of the offers or their organic parameters, but only their position in search results.
Lowest price from 30 days prior to the price reduction
If the price of a given charter service is reduced, each price reduction notice also displays the lowest price for that service from the 30-day period preceding the price reduction. If a given service is offered for a period shorter than 30 days, the lowest price is shown from the date the service was first offered until the date of the price reduction. For services whose price depends on the booking date or season, the lowest price information refers to the corresponding date in the previous season, if available. Travelboat is solely an intermediary/platform that displays Service Providers’ data in real time from the provider’s system, which may be subject to change and seasonal fluctuations.
Identification of the seller and business status
The name of the Service Provider is provided with each yacht charter offer.
Transparency of search results
When a User uses the offer search engine, the search results include clear information about the main parameters determining the order in which results are displayed and their relative weight. If the order is wholly or partly the result of paid promotion of offers by the Service Provider, this information is clearly presented.

XXIV. Cookies and Similar Technologies (PKE)

The platform uses cookies and similar technologies (e.g., local storage, pixel tags) to ensure the proper functioning of the website, tailor content and advertisements to the User’s preferences, track visitor statistics, and enable social media functionality.
During their first visit to the website, Users are presented with an information banner allowing them to:
1. accept all cookies,
2. reject all cookies not required for the website to function,
3. select and save cookie preferences (consent settings).
The consent banner complies with the requirements of the Electronic Communications Law, ensuring, among other things, clear language in the message, equivalence between the “accept” and “reject” options, and access to a detailed description of the purposes of data processing.
The user may change cookie settings at any time via the consent management panel available on the Platform.
Detailed information about the cookies used, their purposes, retention periods, and third parties with access to the data is included in the Cookie Policy available at [link].
Travelboatapp uses cookies, which are stored by the Travelboatapp server on the User’s device’s hard drive when Users access the Platform. The use of cookies is intended to ensure the proper functioning of the Platform on Users’ devices. This mechanism does not damage the User’s end device and does not cause any configuration changes to Users’ end devices or to the software installed on those devices. Each User may disable cookies in the web browser of their device. The Service Provider notes that disabling cookies may, however, cause difficulties or prevent the use of the Platform.

XXV. Amendments to the Terms and Conditions (P2B)

The Agency reserves the right to amend these Terms and Conditions at any time, subject to the provisions below.
In the event of material changes, including in particular changes affecting the rights or obligations of Users, the Agency will notify Users in advance of the planned effective date of the changes, unless applicable law requires such changes to be implemented within a shorter timeframe or with immediate effect.
Notification of changes to the Terms of Service will be provided to Users in a manner ensuring its receipt, in particular by publishing the text of the amended Terms of Service on the Platform and sending an appropriate notification to the email address provided in the Account.
A User who does not accept the changes should cease using the Platform as of the effective date of the changes.
Continued use of the Platform after the effective date of the changes to the Terms and Conditions will be deemed to constitute the User’s express acceptance of the amended provisions.
All reservations made prior to the effective date of the changes to the Terms and Conditions are subject to the provisions of the Terms and Conditions in the version in effect on the date the reservation was made.
In relations with Service Providers, amendments to these Terms and Conditions take effect 15 days after notification of the changes is sent to the email address specified in the Service Provider’s account, unless a shorter period is required by law or necessary due to:
1. the obligation to comply with mandatory legal provisions or court rulings,
2. the need to prevent abuse, fraud, or other actions that compromise security,
3. the introduction of a new service or feature that does not adversely affect the Service Provider’s rights or obligations.
The Service Provider has the right to terminate the agreement with the Agency with immediate effect prior to the changes taking effect if it does not accept the content of the new Terms and Conditions.
Changes introduced in relations with Consumers take effect upon their publication on the Platform, in compliance with consumer law requirements.

XXVI. Accessibility and Transparency (DSA)

Contact Point for Authorities – The Agency designates a contact point for direct communication with national authorities, European Union institutions, and authorities of other Member States, available at the following email address: info@travelboatapp.com
Contact point for Users – The Agency designates a separate contact point for communication with Platform Users, available at the email address: info@travelboatapp.com
All advertising content and promoted offers presented on the Platform are clearly marked as “Advertisement” or “Promoted Offer” in a manner that allows them to be clearly distinguished from organic content.
In the case of personalized ads, the User is informed of this fact and of the main parameters determining the selection of ads, including the use of personal data, if applicable.
The Agency ensures that all communications and information required by the Digital Services Act are formulated in a clear, simple, and understandable manner, tailored to the average level of the recipient.