General terms and conditions
1.1 Bergx2 GmbH is the parent company of brand Boatopoly.com and operates Boatopoly.com within its company group as an international online portal for boats, yachts and ships.
Boatopoly.com will subsequently be called “Boatopoly”.
1.2 The following general terms and conditions apply to all offers and services by Boatopoly. The customer accepts these terms and conditions without exception and reservation
through the order of our services or the usage of an offer or a service.
1.3 This platform is run in several languages. The main contract language however is always German.
2. Start and duration of the contract
2.1 The contract relationship starts directly after the customer’s order or after the advertisement publication by the customer. The advertisement publication will be activated
through the confirmation of the duration and through the actuating of the button “Purchase with liability to pay” or “Order with liability to pay” and will be transmitted as an order to us.
2.2 The duration of the contract can be 30, 90 or 365 days according to the offer of the advertisement order. As soon as the contract duration has expired, the advertisement
will automatically be changed to ‘expired’.
2.3 Furthermore, the customer can opt to choose the possibility of a contract without a time limit when the customer has a special continuing contract relationship with a duration
of more than one year. In such cases, and only in such cases, a termination is possible to the end of the next month.
The termination must be in written form.
2.4 With the electronic order submission the customer agrees to all terms and conditions of the contract.
3. Prices and payment conditions
3.1 The customer agrees to an issuance of an electronic invoice.
3.2 The calculated service includes the utilisation of the online portal and the appropriate services of the offer according to the product description. Separately additional services
will only be charged after individual agreement with the customer.
3.3 All publicised priced on the website of Boatopoly.com hold validity. Prices at the time of order submission are decisive. Price changes for future durations can be
completed by Boatopoly. This has no effect on currently valid contract relationships.
3.4 In the case of an extension of a contract, prices apply according to the publicised amount at that time.
3.5 The invoice is due directly after the publication. Boatopoly can cancel the contract without a claim to compensation and without any prior notice, if the customer does not pay.
Furthermore, Boatopoly reserves the right to block access to applications for the customer, if the customer does not pay on time. Only once the customer has settled the entire
outstanding amount, will the customer gain access again. For the time lost during the time of an outstanding and not settled invoice, the customer cannot request compensation
in form of an extension.
3.6 Boatopoly reserves the right to terminate the contract without a deadline, as well as cancel the utilisation of the services, if the customer is in delay with payments.
3.7 Further accruing transaction costs may be incurred by the customer when payment is settled.
3.8 Should the customer be in arrear with payments, further delay interests can be charged. Further costs for the collection can be dunning charges and collection expenses.
4. Advertisement rights
4.1 Boatopoly receives the right to utilisation of the advertisement after the commissioning and publication on the portal.
5. Publication interface
5.1 The publication of the advertisement obligates only Boatopoly – and no partner organisations – for services. The crawling, copying, linking or framing by third parties
of advertisement contents cannot be excluded with guarantee. In case of an illegal recording or copying of contents at Boatopoly, the customer cannot obtain damages
or compensation claims against Boatopoly.
5.2 Boatopoly is permitted to publish the advertisement on their own portal pages, on websites of portal partners as well as through the utilisation of entries into search engines.
5.3 The publication of the advertisement can furthermore occur through other channels or media portals, for example via email, banner or phone. Cooperation partners are
permitted to distribute the advertisement. For other measures, which were not explicitly ordered by the customer as part of the contract, and were utilised by Boatopoly or their
cooperation partners voluntarily, cannot result in further costs to the customer.
6. Editing of advertising texts
6.1 The editing of the advertisement content is permitted to the customer even after the publication, as far as changes do not result in a completely newly offered object
within the advertisement. Per advertisement activation only one offered object is permitted for the entire publication phase.
6.2 The advertisement can be featured with a display (perhaps a badge) reading “reduced price” for example at the customer’s request if certain criteria are met. The criteria
usually include that the article was at least offered at the higher price for at least ten days, and that the price reduction is at least three per cent. The right to these displays
does not exist and criteria can change.
7. Right to refusal
7.1 Individual customer offers can be refused by Boatopoly without citation of the reason.
7.2 Boatopoly can also carry out small adaptions regarding the advertisement content without the consent of the customer, if these changes are to the advantage of the customer
or for the clarity of content. Boatopoly is furthermore permitted to publish the advertisement in several languages.
7.3 If the terms and conditions are not adhered to by the customer, the publication of the advertisement can be denied.
7.4 Boatopoly is not obliged to fulfil their part of the contract if a justified reason is given. For example: an invoice not timely paid, an unsuccessful payment transaction with
electronic means such as credit card, direct debit etc., an unlawful and damaging behaviour on the portal, when false declarations were made by the customer.
7.5 Boatopoly is entitled to deactivation, suspension or deletion of advertisements if these restrict the rights of other parties. Including rights to the image, to the copyright or
property rights on names and brands, or when state laws are not adhered to. A deadline or previous notification can be waived if it is urgent.
The right to reimbursement of the fee is not given.
8. Contract obligation and tasks for the customer
8.1 The customer is liable for the publication of contents on the Internet and the causes resulting from that. A mandatory or automatic preliminary review before the
publication is not carried out by Boatopoly.
8.2 Contents which are generally unlawful are not permitted, those that breach the organisational codex, those that hold a discriminatory potential or those that violate a German,
European or international law. Those include a politically extreme, not suitable for minors, violence glorifying or otherwise immoral content. Not permitted are contents, which breach
the right on copyright of other parties.
8.3 Boatopoly is not obliged to carry out copies of customer contents for the purposes of data security. The customer must secure their data before the upload. Boatopoly creates
backups at certain times on their servers, but these can never represent the most current moment.
8.4 Terms and conditions by Boatopoly will be accepted by the client by means of and at the time of commissioning.
8.5 The creation and activation of the advertisement or other services lies in the remit of the customer.
8.6 The transfer of personal or user account access information (in particular the password) to other persons or the negligent and public accessibility is not permitted.
8.7 Boatopoly can suspend the delivery of the services as well as the contract without any notice or deadline given, even without offering compensation, if the customer does not
adhere to parts of the terms and conditions or violates the terms of service.
9. Early deletion of advertisement
9.1 After the publication the customer can delete their advertisement at any time. If the sale object is sold effectively, the customer is obliged to take their advertisement out of the
offer range in order not to prevent another misleading offer and to reduce unnecessary requests.
9.2 The deactivation or deletion of an advertisement is carried out by the customer – with the login and user data.
9.3 If the customer should choose to delete their advertisement before the expiry of their entered contract duration, the validity of the contract stays unaffected.
9.4 With the publication of the customer advertisement on the portal by Boatopoly, their service has already been provided even though the advertisement may be deleted or
deactivated by the customer due to a sale before the end of the contract duration. A reimbursement of the publication fee is therefore not possible, nor in a pro rata calculation
according to the publication duration.
10. Liability and Warranty
10.1 Boatopoly holds no liability for the risk, which is imposed on the customer through the data transfer, the publication of the advertisement on the Internet and the utilisation
of our portal. The customer must weigh up and carry this risk.
10.2 Boatopoly does not assume responsibility for losses due to unforeseen issues like a server failure, loss of data, transfer damages and data security. Furthermore, Boatopoly
cannot thereof assume responsibility for potentially resulting profit losses or other damages.
10.3 Boatopoly is not liable for cases of other impairments outside of their own authority to dispose, like Internet failure, security deficit, failures of the internal network,
the telecommunications network or other service providers. Boatopoly cannot bear costs of other service providers.
10.4 Boatopoly cannot guarantee absolute security for the defect-free service delivery – especially when the impairment was caused by third parties. Furthermore,
the unlimited access and an error-free data offer cannot be guaranteed either.
10.5 Boatopoly cannot be liable for potentially caused consequences by external parties disrupting the infrastructure of the Internet.
10.6 The supplier or the seller is liable for the offered objects to the customer. Boatopoly cannot be held responsible for purchase agreements or contract agreements
and is not a party of the contract between buyer and seller of an advertised object. Boatopoly does not offer warranty or guarantee for the advertised object.
10.7 The stated prices by the seller will be represented in the currency of the seller and also in other currencies, like the currency of the interested buyer, for additional help.
The user should orientate oneself primarily by the original currency. The exchange rates will be calculated and updated once per day according to the ECB and other sources.
Here is an overview of the currently employed exchange rates.
Boatopoly cannot guarantee the accuracy of the exchange rates being displayed. The user should always confirm current exchange rates with a reputable foreign exchange broker
before making any transactions that could be affected by changes in these rates.
11. Arbitration board for consumers
11.1. Boatopoly is not participating in dispute settlement procedures at consumer boards of arbitration and is not oblidged to do so. The European Commission provides a platform
for online dispute settlement (OS): http://ec.europa.eu/consumers/odr/ The consumer board of arbitration responsible for you is: Allgemeine Verbraucherschlichtungsstelle des Zentrums
für Schlichtung e. V., Straßburger Str. 8, 77694 Kehl, Germany.
12. Final clauses
12.1 These terms and conditions are solely liable to German law. Place of jurisdiction is Munich, Germany.
12.2 Should individual clauses become void, this contract however remains standing. The effectiveness of all other clauses is unaffected. The void regulation
must be replaced by another regulation, which comes closest to the void regulation.
13. Right of revocation
13.1 The right to revocation for users is 14 days. Details regarding this can be found in our revocation notice.