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Dienstleistungen in der automatisierten Datenverarbeitung
Fn 453917 a
General Terms and Conditions (GTC)
These General Terms and Conditions (GTC) apply to all our services which are provided directly or indirectly (i.e. via third parties) over the Internet, any kind of mobile device, by e-mail or by telephone. By accessing our website and using our applications, by whatever means (hereinafter referred to as the "app") and / or the completion of a booking, you confirm that you have read and understood the terms and conditions set out below. The same applies to data protection regulations.
These pages, the contents and the structure of these pages, as well as the online reservation and booking service, including payment processing (the "Service") are property of and are given by Bruna GmbH ("us", "we" or "our") and are only available for private and non-commercial use.
"HelloPort", "us", "we" or "our" means Bruna GmbH, Reisingerweg 29, 4040 Linz, Austria.
"Platform" means the (mobile) website and app on which the services are available and which are owned, managed, maintained, hosted and operated by the Bruna GmbH.
"Service" means the online booking including the payment processing of boat moorings in marinas / ports which can be handled via the platform.
"Boat Mooring Companies" means third parties or companies providing boat moorings on our platform.
"Marina" means the sum of the boat moorings (including buoys) offered by a "boat mooring" provider.
"Mooring" means the boat moorings classified according to sizes (length, width, depth) for a single boat.
"User" means end users who book a mooring through our app.
Scope of our Services
Through this app, we provide an online platform that allows all types of boat moorings to be booked for a temporary stay, through which the users of this app can make bookings. By booking through HelloPort, you enter into an immediate (legally binding) contractual relationship with HelloPort and the boat mooring provider, with which you book. We act exclusively as an intermediary between you and the boat mooring provider. We forward your booking to the respective boat mooring provider and send you a confirmation e-mail on behalf of and in the name of the boat mooring provider.
The information we use for the execution of our services is based on the information provided by the boat mooring providers. The boat mooring companies have access to our back-end system and are therefore solely responsible for keeping the prices, availability and other information listed on our app up-to-date. Although we make every effort to ensure accuracy, and completeness of the information provided, we are not responsible for the accuracy, completeness or quality of the information provided, including any errors or omissions or a partial failure, repair, update or maintenance on our app or any other reason), inaccurate, misleading or untrue information or non-transmission of the information. Each boat mooring provider is always responsible for the accuracy, completeness and correctness of the (descriptive) information (including the prices and availability) on our app. Our app is not a recommendation or a confirmation of the quality, the service level, the qualification of a berth or marina and should not be regarded as such.
Our services are only available for private and non-commercial use. Therefore, we do not permit to distribute, use, reproduce, extract, re-create any content or information, software, products or services available on our app for commercial or competitive purposes Publish, upload or reproduce.
The prices on our side are highly competitive. All prices on the app are valid for each mooring, for the entire duration of the stay and the determined boat length, and are displayed including VAT, unless otherwise stated on our app or in your confirmation e-mail. In the event of a non-arrival or cancellation, cancellation fees will be charged which depend on the respective terms and conditions of the boat mooring provider. Therefore, we cannot handle or process cancellations through our app and refer them to the respective boat mooring provider.
In order to be able to handle our service, it is necessary to forward selected personal data as well as information about the boat to the boat mooring provider. Users may contact the data protection officer of BRUNA GmbH in writing regarding the right to information, rectification, deletion and the right to object and further DSGVO information
For our service, a commission will be charged, which is shown and taxed in the invoice. The commission may be subject to seasonal fluctuations.
Credit Card or transfer
HelloPort provides a payment service. Payment is made during the booking process by means of a secure online payment. The payment process takes place from your credit / debit card or your bank account or via a payment processor (Paypal) to the bank account of Bruna GmbH. Bruna GmbH passes the payment to the boat mooring provider.
Please note that immediate payment by bank transfer (if possible) or credit card is required, which may result in a pre-authorization or debit card charge (sometimes without a refund).
In the case of credit card fraud or misuse of your credit card by third parties, most banks and credit card companies carry the risk and cover all costs resulting from fraud or misuse.
Cancellation and Non-arrival
By booking, you accept the terms of HelloPort and the terms and conditions of the boat mooring provider regarding cancellations and non-arrival, as well as any additional (special) provisions of the boat mooring provider that enter into force with respect to your booking or stay.
The general conditions for cancellations and notices are explained in the GTC of the mooring provider. Please note that cancellation is not possible in certain cases. In case of a non-arrival or a chargeable cancellation, it is also possible to charge tourism tax. Please check the details of the berths carefully before booking. Please note that we can cancel a booking with a deposit or prepayment (of the total amount or part) (without previous reminder or previous reminder) insofar as the (outstanding) amount is not in full and / or not timely in accordance With the applicable payment arrangements of the booking. The user bears the risk of late payment, incorrect bank details, incorrect debit or credit card information, invalid credit or debit cards, or insufficient contamination. In such cases, you will only be reimbursed for the amount paid in advance minus all costs incurred (including the costs of the vacancy).
If you want to check, change or cancel your booking, please refer to your confirmation e-mail.
(Other) communication and correspondence
Upon completion of your booking, you accept the receipt of a confirmation e-mail, which will be sent to you after booking.
HelloPort assumes no liability or responsibility for any direct communication with the boat mooring provider. You cannot assert any rights to inquiries, communication with the boat mooring service provider, or (any form of) receipt of a communication or request. HelloPort cannot guarantee that any queries or communication will be read / received / fulfilled / executed / accepted by the boat mooring provider.
To make your booking complete and safe, you must provide your correct e-mail address. We are not responsible or liable for any incorrect or misspelled e-mail addresses or false (mobile) phone numbers or credit card numbers and we have no obligation to check them.
Any objection to HelloPort and its services must be reported immediately, but no later than 30 days after the use of the HelloPort services.
Any complaint that has not been submitted within the above period is rejected and no warranty claims are accepted.
In accordance with the general terms and conditions and within the scope of the statutory regulations, we shall be liable exclusively for direct damages caused by a non-fulfillment of our obligations with regard to our services, but maximum up to the total amount of the booking as stated on the confirmation e-mail Is indicated.
Within the scope of the statutory provisions, neither we nor members of the Supervisory Board, directors, employees, representatives, subsidiaries, partners, distribution partners, license holders, authorized representatives or other persons involved in the development, sponsoring, or support of the platform or its contents are liable or otherwise make the platform and its content available to you in regard of
claims for damages, concrete or indirect damages as well as consequential damages, loss of performance, loss of profit, loss of revenue, contract loss, loss of business reputation, loss of claim,
inaccuracies regarding the (descriptive) information (including prices, availability and feedbacks) on the mooring as provided on our platform,
the services offered or the products of the boat mooring providers,
damages (indirect, direct, consequential or consequential damages) and losses or costs arising out of or in connection with the use, non-use or delay of our platform) (personal) injury, death, property damage or other damages (indirect, direct, concrete, consequential or consequential damages) and losses or costs incurred by you; Regardless of whether such acts, mistakes, breaches of contract, (gross) negligence, willful misconduct, omissions, non-fulfillment, inaccurate representations, unlawful acts or promises of success , its agents or its affiliates) whose products and services (directly or indirectly) are provided, advertised or offered on our platform or through our platform, including (partial) cancellations, overbooking, strike, force majeure or other inconsistent events.
The user acknowledges and agrees that in any case the boat mooring provider is responsible for the collection, retention, removal of any tourist charges.
The boat mooring service provider and HelloPort are responsible for the payment of the applicable taxes to the responsible tax authority.
By uploading documents / photos / images on our platform, you confirm, warrant and agree that you own the copyright for these photos / images. You also agree that HelloPort may use the uploaded photos / images on its app, as well as (online / offline) advertising materials and publications, at HelloPort's discretion. You grant HelloPort a non-exclusive, worldwide, irrevocable, unrestricted, unlimited right and license to use, reproduce, display, distribute, sublicense, communicate, and make available to photos and pictures at HelloPort's sole discretion. By uploading these photos / images, the person recognizes the full legal and moral responsibility for any third party claims resulting from the use or publication of these photos / images by HelloPort.
Unless otherwise stated, the software used for, and available to, our services or our app, as well as intellectual property (including copyrights), belong to HelloPort, its partners, or suppliers to the content and applications on our platform.
HelloPort has the exclusive right to ownership of all rights, titles and usage rights (the entire intellectual property) (the appearance and design (including infrastructure)) of the platform through which the service is available (including translated content). You may not copy, scrape, link (by hyperlinks or deeplinks), publish, or otherwise, the word mark and / or the word image mark HelloPort (including any translations) without our explicit written permission to advertise, to market, to integrate, to relate, to use, to connect or otherwise to use. If you use or translate our (translated) content (in full or in part), or in any form have intellectual property rights to the app or any (translated) content, please remove it and transfer it to HelloPort. Any unlawful use and any of the above acts or practices constitutes a material breach of our intellectual property rights (including all copyrights).
To the extent permitted by law, these terms and conditions as well as the provision of our services are subject to Austrian law. The place of jurisdiction for all disputes arising out of these terms and conditions and our services shall be Linz, Austria.
All translations are based on the German original. The translated version of the German terms is a convenience translation and serves only for information as well as internal business purposes. In the case of disputes, inconsistencies or differences between the German version and the version in another language, the German version shall be legally binding. The German version will be sent to you on request in writing.
If one of the provisions of this contract becomes invalid, unenforceable or non-binding, all other provisions applicable to the contracting parties remain unaffected. In this case, the parties to the contract shall replace the invalid or non-binding provision within the framework of the statutory provisions by an effective and binding provision which, as far as possible, have a similar effect to the invalid, unenforceable or non-binding provision.