Terms & Conditions

Terms and Conditions – Free-time-activities.com

These Terms and Conditions apply for all business relationships between free-time-activities.com, P.O. BOX 751, 6600 Locarno – Switzerland (referred to as free-time-activities.com) and retailers, private and commercial (combined referred to as retailers), which use www.findasailboat.com.

The retailers accept these Terms and Conditions by checking the corresponding checkbox during the registration and/or placement of their offer.

 

  • 1 General
  1. free-time-activities.com operates the online-marketplace www.findasailboat.com and connected databases in which any natural and legal person of full legal capacity can place vessels for sale so that these can be found by using the supplied search engine. These Terms and Conditions rule the service of free-time-activities.com for the online-marketplaces as well as local and mobile apps. Certain functions and options are possibly not available on all devices.
  2. “Vessel” or “Vessels” in the following means any objects that can be offered using the online-marketplace, especially but not solely boats, yachts, jetskis, ships, trailer, motors, berths and combinations and synonymous of the abovementioned.
  3. These Terms and Conditions fully rule the business relationship between Free-time-activities.com and the retailer. Opposing or by one party modified Terms and Conditions do not apply.
  4. Free-time-activities.com is not the retailer of any vessel which is placed for sale using the online-marketplace. Free-time-activities.com has no influence concerning the content of a certain advert.
  5. Free-time-activities.com is not involved in the contracts made between the retailer and a possible buyer. Free-time-activities.com is neither party of such contract nor agent. The conclusion and the fulfillment of any obligation of such contracts is made without the involvement of Free-time-activities.com.

 

  • 2 Scope of service of Free-time-activities.com
  1. Free-time-activities.com provides an online-marketplace and connected databases for the online presentation of vessels. The service includes the possibility to create adverts and also find the adverts by using the online-marketplace.
  2. Free-time-activities.com ensures the availability of the online-marketplace and connected databases as it is technically and operationally possible. Temporary limitations due to technical faults, such as disconnection of power or other electrical lines, overload of communication lines or other technical issues of an internet provider, on which Free-time-activities.com hast no impact, cannot be ruled out.
  3. Free-time-activities.com solely owes the provision of an input mask for the adverts of the retailers, to activate the adverts and the adverts to be retrievable by using the online-marketplace. The presentation and the scope of functions can vary by use of different browsers, mobile websites or mobile devices. Free-time-activities.com guarantees the use of the provided services and functions solely within the realms of the current technical state of the art, e.g. when using up to date browser software.
  4. Free-time-activities.com reserves the right, to limit the possibility of creating and finding adverts if it is necessary due to capacity, security or integrity of the server or due to technical maintenance in order to preserve or improve the provided services. Free-time-activities.com will if possible inform the retailers in advance of such necessary measures. It can also not be precluded that all of part of the adverts are temporarily not available.
  5. The Terms and Condition in § 10 and § 12 are unaffected.

  • 3 User account, registration
  1. In order to use the services of Free-time-activities.com, the retailer needs to register. The registration of a user account is free of charge. By registering the retailer enters into a service agreement to use the online-marketplace offered by Free-time-activities.com, while not having the right to claim such agreement.
  2. Only natural and legal persons of full legal capacity are entitled to register for the services of Free-time-activities.com. The registration of a legal person has to be made by a legitimate representative. The registration of minors if prohibited and invalid.
  3. The retailer has the duty to communicate their data completely and truthfully during the process of registration.
  4. The retailer is obliged, to keep his data up to date at all times and communicate all changes as soon as possible to Free-time-activities.com or change the details himself.
  5. Free-time-activities.com is entitled to delete inactive accounts after 12 months of inactiveness. The same applies to account with incorrect data material.
  6. Any retailer is entitled to only register one account at Free-time-activities.com. The retailer is not allowed to register and/or use multiple accounts. Any breach of this condition, especially by the use of (slightly) differing data is strictly prohibited and entitles Free-time-activities.com to delete all accounts of the retailer.
  7. The accounts are not transferable.

 

  • 4 Advert placement
  1. The retailer is reponsible for placing reliable sale offers for vessels. Free-time-activities.com will assist the retailer when questioned and by general online-help.
  2. Free-time-activities.com is entitled to delete the adverts and extraordinarily terminate the contract with the retailer, if he breaches this condition, e.g. by use of various different accounts.
  3. Adverts are placed for a certain period and can be renewed at will. Expired adverts cannot be found in the public area of the online-marketplace, but can be edited and renewed in the retailer’s login area.
  4. The runtime of an advert begins with the day the advert is activated and end with the expiry of the last hour of whichever day marks the end of the period.
  5. The prices for all different options of adverts can be found in the applicable list of prices. The price to pay will be communicated to the retailer before placing and/or renewing the advert.
  6. The retailer may alter the content of the advert during the runtime without additional costs.
  7. Adverts may also be deleted by the retailer during the runtime. There is no refund of paid amounts or whatsoever, unless the retailer can prove that no or only slight financial damage has been caused.

 

  • 5 Content of adverts, responsibility
  1. The retailer is obliged to give fully accurate and truthful information about the offered vessel. The retailer is especially responsible to be able to sell the vessels for the advertised price.
  2. Each advert has to relate to a single determinable vessel. It is not allowed to advertise several vessels in one advert or refer to other offered vessels in the advert of another vessel.
  3. The advert has to be placed in the corresponding category for the offered vessel. Any vessel can only be advertised in one advert.
  4. It is not allowed to place hyperlinks to external websites or adverts on other online-marketplaces in the advert. Phone numbers and e-mail-adresses may only be provided in the corresponding input field and not in the text field of an advert. The provision of phone numbers with higher costs, such as (0)900 and (0)180 is prohibited.
  5. Content, Layout and pursued purpose of the advert may not breach legal prohibitions and/or violate social standards. The retailer is responsible to comply with copyrights, trademark law.
  6. As far as the retailer uses photos to illustrate the advert, he is responsible to only use such photos, as he has the right of use and does not violate rights of a third party. The retailer has to comply that copyrights are preserved. The photos have to show the actual condition of the vessel. The use of catalog photos is only allowed with giving sufficient information about them being catalog photos and if not violating the rights of a third party.
  7. The retailer is responsible for the inserted adverts and their content. Free-time-activities.com will not check adverts concerning their accuracy and integrity.

 

  • 6 Prices and payment
  1. The prices for advertisements from sellers can be found in the current price lists under the following menu items: “Pricing”. These are gross final prices.
  2. The seller can select an advertising package from the valid price list. The contract term and the price for the booked period are determined on the basis of the selected package. The FREE package is automatically extended. The other packages are NOT automatically extended. In this case, 5 days before the contract term, the seller receive an e-mail that ask to confirm the renewal contract. Additional options and other advertising services are subject to charge. The prices depend on the information given at the time of booking.
  3. Sellers have the option to upgrade an advertising package at any time online in the login area.
  4. Payment can be made either by Credit Card.
  5. The price is due for payment usually before the advertisement is activated.
  6. Free-time-activities.com reserves the right to periodically check the price model and, if necessary, to adjust the prices. The seller shall be notified of price changes in writing or by e-mail at least four weeks before they take effect. If the sellers do not object, the prices are considered as accepted. An existing ad at the time of the price change expires under the previous conditions. New conditions may only apply if the advertisement is extended.

 

  • 7 Deletion of adverts, blocking, termination
  1. Free-time-activities.com is in case of legitimate interest, especially in case of violation of the conditions in § 3, 4 and 5 and in case of delayed payment, entitled to
  2. delete adverts,
  3. wait with the activation of adverts,
  4. warn the retailer or limit or suspend his use of the online-marketplace
  5. cancel the contract of the retailer.
  6. Free-time-activities.com will rate the interests of the retailer and its own interest before choosing the right measure.
  7. The advert will run for the booked determined period. Both parties are entitled to cancel (not renew) the contract without any previous notice to the end of the booked period.

 

  • 8 Exemption
  1. The retailer hold Free-time-activities.com harmless from any costs incurred for the defense against claims by third parties, which are made for the violation of rights by the advert or use of the online-marketplace.
  2. The retailer will be accountable for the absorption of all necessary costs including those of legal defense.
  3. The above is not applicable as far as the retailer cannot be held accountable for the violation of rights.

 

  • 9 Database and backup
  1. The retailer is obliged to delete adverts as soon as the offered vessel hast been sold to help keeping the database of Free-time-activities.com up to date. An up-to-date database is of use for any retailer, as potential buyers will only find available vessels.
  2. The parties are themselves responsible for backups. The retailer is requested to create a backup of advertised data and information on an independent data medium. Free-time-activities.com will not hand out database backups or excerpts as long as not required to do so by law.

 

  • 10 Warranty
  1. As far as the retailer has legal warranty claims, Free-time-activities.com is firstly entitled to supplementary performance. The period of presentation will therefore be extended.
  2. In case of higher force, which Free-time-activities.com cannot be held accountable, such as industrial actions, actions of the government, breakdown of telecommunication or other technical issues, even if these occur for subcontractors, and in case of natural disasters or war, Free-time-activities.com is released from its obligation to perform.

 

  • 11 Refunds
  1. Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled during the booked period.

 

  • 12 Limitation of liability
  1. Free-time-activities.com is only liable for damage if resulting from the violation of negligible obligations of this contract, if these damages result from an intentional or grossly negligent breach of obligation and as far as the damage is foreseeable.
  2. Free-time-activities.com cannot be held liable for information given by the retailer in the advert. The retailer is accountable for all third party claims, especially if claimed for the violation of obligations stated in § 5 of these Terms and Conditions.
  3. Furthermore the liability follows by law and this contract providing that liability for ordinary negligence is precluded. This limitation of liability does not apply for damages to life, body and health.

 

  • 13 Copyrights, rights of use, export of adverts
  1. The advert as a whole is subject to copyright. The editing, processing and use of any kind by third parties is prohibited. This does not apply to the rights of the retailer.
  2. The retailer agrees that Free-time-activities.com is entitled publish the given information, photos and whatsoever related to the advert in any possible kind, e.g. advertising, social media and videoclips. The retailer grants Free-time-activities.com a simple user right which is not limited temporally, locally and regarding its contents.
  3. Free-time-activities.com is entitled to distribute the adverts by using online-marketplaces ot third parties to increase the reach of the advert. It is irrelevant if the distribution happens via a technical solution or by other ways. There will be not additional costs for the retailer.

 

  • 14 Final provisions
  1. The contract as well as these Terms and Conditions is subject to the law of Switzelrand and contains all conditions. There are no oral agreements. Earlier agreements cease to be of effect as soon as these Terms and Conditions are accepted.
  2. All changes to this contract are to be made in writing.
  3. The place of jurisdiction with regard to legal persons is Locarno.
  4. Should a condition of these General Terms and Conditions or of a contract between Free-time-activities.com and the retailer be invalid or unenforceable, the condition in question is to be replaced by a new, valid condition that approximates it as closely as possible in its legal or commercial objective.

Locarno, 12/02/2019