1.2. Deviating, conflicting or supplementing terms and conditions of the user shall only apply if explicitly accepted by Brunswick in writing. Brunswick's mere knowledge of any user's separate terms and conditions does not make them binding.
2.1. The primary function of the Boat Rental Platform is to submit boat rental inquiries for the purpose of renting boats ("Submission"). For the Submission, the following information must be provided via the relevant text fields: First name, last name, email address, telephone number, and any additional comments. The actual Submission is triggered by clicking on the "Request" button. Thereupon Brunswick will provide the respective Submission to the relevant rental location respectively the company offering the boat rental services ("Boat Rental Company"). The user then receives a thank you e-mail from Brunswick indicating that the Boat Rental Company will be communicating with them directly regarding the terms of the rental itself.
2.2. The user is obligated to provide truthful information in the Submission on the Boat Rental Platform. In case untruthful information is provided in the course of the Submission, the user can be excluded from the Boat Rental Platform with immediate effect upon reasonable notice. The user's right to use the Boat Rental Platform ceases with the exclusion.
2.3. The Boat Rental Platform is available for use in the English, German, Italian, French, Swedish, Norwegian, Danish, and Spanish languages.
3.1. The Boat Rental Platform functions as mediator between companies offering boat rental services ("Boat Rentals") and users looking for a rental boat. The Boat Rental Platform does not conclude, arrange, set or determine the conditions for the Boat Rentals.
3.2. Any contract for Boat Rentals is concluded solely between the user and the relevant Boat Rental Company. Brunswick in particular does not act as a provider of boat rentals nor as representative of its users and/or the Boat Rental Company. The user shall refrain from doing anything to create a false impression that they are endorsed by, partnering with, or acting on behalf of or for the benefit of Brunswick. For the sake of clarity, Brunswick only acts as an intermediary service provider and, as a consequence, Brunswick shall not be held liable for any such contracts entered into between the user and the Boat Rental Company. Brunswick does not control nor verify the information which Boat Rental Companies and/or users provide.
3.3. In case of any disputes arising from a contract for Boat Rentals, the user must directly cooperate with the relevant Boat Rental Company to find a solution.
4.1. The user must comply with all laws applicable to each offered Boat Rental, including but not limited to, laws on concessions, insurance cover, driving and rest periods and/or any other restrictions/obligations that may be imposed to the user by the laws of the territory (or territories, where applicable) in which the offered Boat Rental is executed.
4.2. To the extent not permitted by Brunswick in advance, users are not allowed to pass on data, which they obtained in the course of a Submission via the Boat Rental Platform (in particular data about a contract concluded with a dealer) to third parties or allow third parties to access such data.
Brunswick does not charge any fees for the use of the Boat Rental Platform.
6.1. Brunswick reserves the right to temporarily or permanently deactivate access to the Boat Rental Platform for security reasons (e.g. in the event of gaps in security) or other important reasons.
6.2. The provision and use of the Boat Rental Platform may be subject to restrictions with regard to the current state of the art beyond the scope of Brunswick's control. This relates in particular to the availability of the data connections provided by carriers, the network and Internet access. In individual cases, the non-availability of the network can lead to the Boat Rental Platform not being available as the necessary data transfer cannot occur. In addition, short-term capacity bottlenecks can arise from peak loads on the Boat Rental Platform, wireless and fixed networks and on the Internet.
6.3. Disruptions can also arise due to force majeure, including strikes, lockouts and official orders, and on account of technical and other measures (e.g. repairs, maintenance, software updates, and extensions) necessary on Brunswick's systems or those of downstream or upstream providers, content providers and network operators, which are necessary for the proper or improved performance of the Boat Rental Platform.
Brunswick is entitled to cancel the user's access to the Boat Rental Platform or the relevant agreement concluded with the user at any time upon reasonable notice. Brunswick is in particular entitled to exclude individual users from the Boat Rental Platform.
11.1. The user may use the contact details set out in Sec. 1.1 above in case of questions or complaints.
11.2. Beyond that, Brunswick does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.
Version: July 3, 2018