Terms of Conditions

General

Papay operates an application, on which marinas, privately owned dock, slip, mooring and pier owners from different countries (each a "Marina") can offer boat berths, restaurants, cafes, apothekes, hotels, etc. (each a "Business Owner") can partner and publish their services and boaters/sailors (each a "Boater") can book the offered boat berths through Papay App ("Application").

Definitions and context

"Boater" refers to an individual who has registered to utilize Papay's App. "Marina" refers to an individual or organization that uses Papay's App. "Business Owner" refers to an individual or organization that uses Papay's App. "User" refers to Boater, Marina and Business Owner that uses Papay's App. "Communication" refers to any form of messaging through Papay's App, including email and in-app messaging, or any other external messaging applications. "Content" refers to any text, graphics, images, music, software (excluding the App), audio, video, information, or other materials that hold defining or informative value. "Service" refers to the integrated structure utilized for Communication between Boaters, customer support, payment control systems, and Communication of content or collective content. "Listing" pertains to the objects that are available for booking through Papay's App and are provided by Marinas or Business Owners. "Object" refers to a berth, anchor spot, privately owned dock, slip, mooring, which may include additional services or objects, such as access to electricity, latrine or sauna, bicycle or cart rental. "Guest" pertains to a Boater who uses Papay's App to rent Listings provided by Marinas and Business Owners. "Host" refers to the Marinas and Business Owners who possesses the legal right to lease the Object or list the Object for rental. "User Content" refers to any content uploaded by a Boater to Papays App, including Listings, account information, or other forums containing Boater-provided information. "Application" refers to the technological structure used to offer the Service, which mediates Listings via Papay's App. "Provider of Service" refers to Papay/Company, which is the sole provider of the Application. "Owner" refers to the individual or organization with legal ownership of the Object and, as such, the legal right to collect payments from leasing the Object. Papay's App provides the opportunity to rent and lease Listings through its Service, enabling Users to rent Listings or provide Listings through Papay's App. Papay offers a mediating Service and does not participate in any Agreement facilitated through the Service, except for what is required to transfer payment and information. Papay does not act as a party to the Agreement between the Guest and Host. The Company's responsibility is limited to providing the Service through its Application, and it does not extend beyond the scope of this document. Papay, as the Provider of Service, will provide the Service as outlined in these terms and as it appears on the App and Site.

Terms of Service

By using the App, the User gains access to the Service provided by the Papay Application as a means to facilitate Listings or rent Objects as Host or Guest. The Host and Guest can communicate and transfer information in line with the privacy policy and make payments in accordance with the financial terms below while using the provided Service. The Application allows Boaters to exchange Boater Content, payments, and other necessary information to complete the transaction in line with the Agreement. As the Provider of Service, Papay will ensure the functional Service and Application necessary to deliver the agreed Service as perceived. Papay is not a party to the Agreement but will mediate the Agreement according to these terms. The Guest is granted access to the Listing according to the Agreement as soon as the Listing is booked and paid for according to the booking schedule. Unless otherwise expressed by the Host, the Agreement allows the Guest access to what is expressed in the Listing. When booked, the Object will be shown as leased on the App. The Owner is solely responsible for providing accurate measurements of the Listing regarding width, length, and depth. Papay is not responsible for measurements as the Provider of Service. The Host will ensure that the Listing is available according to the set schedule. Papay is responsible for delivering the Service in line with these terms. Papay will provide Communication, which includes the exchange of names, e-mails, phone numbers, and a receipt. Furthermore, Papay provides Boaters with these terms as a means of enhancing the availability and security of Agreements between Boaters.

Registration and Use for Boater

Boater can browse Marina and/or Business Owner that offer Listing and reserve available Object. Using the Application is free of charge for Boaters. To use the Application, Boaters must create a Boater Account by providing personal and boat-related data. By submitting their data during the registration process, Boaters agree to the validity and contents of these Terms and Conditions. Boaters must provide accurate boat data, including length, width, and draught, and ensure that their boat meets generally accepted safety standards. Failure to comply may result in the Marina canceling the berth rental contract. The Marina reserves the right to verify the provided boat data, particularly the overall length and width.

Booking Policy

The Guests stay concerns the specific dates determined by the Agreement. The Guests stay cannot be prolonged without a new Agreement. When booking or leasing an Object via the App, Papay will share Content, Collective content and provide Communication in accordance with the privacy policy as a mean of delivering the Service. The information shared is a key component in order to deliver the Service with high quality. Payment is needed as a mean of securing a Listing at a given time. The Object will be listed as booked when Agreement is reached. The Listing will not show as available. Boater can browse and select a Marina or/and Business Owner of their choice from the offered boat berths on the Platform. Once all the necessary information has been provided, including the selected date, boat details, and payment information, the Boater can confirm the booking. Before confirming the booking, the Boater can correct or delete any of their entries, or cancel the booking. The Boater submits a booking offer to the Marina/Business Owner ("Booking Request"), which is forwarded to the Marina/Business Owner by Papay (as a messenger). By submitting the Booking Request, the Boater confirms the accuracy of their information. The Marina/Business Owner receives a notification upon receiving a Booking Request. The Marina/Business Owner independently decides whether to accept the Booking Request or not. After the Marina/Business Owner accepts the Booking Request, the Boater receives a confirmation and QR code summarizing the terms of the accepted booking. Once the Boater receives the confirmation and QR code of the accepted booking, the contract between the Marina/Business Owner and the Boater becomes legally binding, and the Boater agrees to the Marina/Business Owner's cancellation policy. Once the Listing is booked, the Owner cannot, under any circumstances, change the Rental fee. The Owner needs to define the Rental fee and may choose what fee that the Owner deems to be suitable. The Transaction fee is the charges related to banks and other financial institutes' work when handling money transfers, both domestic and international. Transaction fees are paid by the Owner. Papay cannot control any extra charges made by Owners' banks or other financial institutes. Papay will not be responsible for such charges and denies any responsibility in this regard.

Guest Cancellation Policy and Refund

Marina/Business Owner guarantees the availability of the Objects and Listings for the agreed dates. Guests may cancel a booked Listing, and a cancellation made by the day before the first booking date will result in a full refund of the Rental fee (Transaction fee will be deducted if applicable). However, some Marinas have a seven (7) day cancellation policy, and cancellations made later than seven days ahead will only be refunded up to 50% by those Marinas. Refundable amounts will be transferred back to the booker within a reasonable time according to the payment method. Papay cannot control any extra charges made by Users' banks or other financial institutes related to the Guests' usage of the App during payment. Papay will not be responsible for such charges and denies any responsibility in this regard. Papay emphasizes the importance of Guests knowing how their bank or financial institute handles international payments. The Marina/Business Owner reserves the right to cancel a Booking without prior notice or warning if the Payment Service Provider is unable to authorize the remaining amount(s) in full.

Payment Policy

The prices displayed on the Application by the Marinas/Business Owner include VAT/sales tax and all other taxes and fees unless stated otherwise. However, the displayed currency converter is for informational purposes only and the actual rates may vary. All payment transactions on the Application are processed by the Payment Service Provider, such as "Stripe", or any other Payment Service Provider chosen by Papay. Papay does not have access to any transmitted data (e.g., credit card information). Once the Boater presses the "Pay" button, the Payment Service Provider places an authorization hold on the Boater's credit card. The Payment Service Provider collects the payment once the Marina/Business Owner accepts the Booking Request, and the Boater receives a payment confirmation from Papay.

Responsibility for Contents and Discharge from Liability

Papay shall not be liable for any actions of the Marina/Business Owner. The respective Marina/Business Owner is solely responsible for its correctness, completeness as well as legality. Papay assumes no liability for the completeness and correctness of any information provided on the Application. All information on the Application is for information purposes only and is in no way to be used for navigational purposes. All information regarding depth, width, height, weight, protection from winds, opening hours, payment options, availability of berths etc have been carefully researched. However, Papay does not guarantee the correctness and completeness of this and all other information and is not liable for any incorrect data. The Application does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating, type of accommodation of any Marina/Business Owner. Papay is neither liable for the enforceability of a contract concluded via the Application between a Marina/Business Owner and a Boater nor for the offered boat berths under warranty, damages, product liability or other legal provisions.

Intellectual Property

Papay is the exclusive owner of all intellectual property displayed on the App and Site. Any content provided by Papay, including its name, logo, pictures, and more, is strictly prohibited from being used for personal purposes. The Application, Service, and all related content are exclusively owned and operated by Papay and are not to be used outside of these terms for any other purpose. The Content available on the Application and Site is protected by copyright or other intellectual property rights and is the property of Papay or the Marina or Business Owner that has provided the respective content. Without the express written consent of Papay no part of the Application/Site may be systematically extracted and/or reused. This includes the use of data mining, robots, or similar data gathering and extraction tools to extract any parts of the Application/Site for reutilization, whether once or many times. It is also not allowed to create and/or publish an own database containing substantial parts (such as nautical information) of the Application/Site without Papay's express written consent.

Reporting Content

Any User may report any content displayed on the PAPAY application and/or website that User suspects to be illegal using the dedicated mail accessible via support@papay.space. Without undue delay, we will, in writing, notify you of the receipt of your report and the decision in respect of it. If you would like to raise a complaint against the decision, you can do so by replying directly to the written notice of the decision, which we will share with you via PAPAY support. In any case, any content undergoes moderation before publication in the application. However, if the User still considers the content undesirable or offensive, then User may complain about such content in the following manner. I if the User has seen undesirable or offensive content, User should: a) take a screenshot of the undesirable or offensive content; b) describe in detail why the User considers the content to be undesirable or offensive; c) send the screenshot with the description via email support@papay.space II if the User has complaints against the another user who posted the undesirable or offensive content, then the User should: a) prepare the essence of the complaint with a presentation of the facts confirming that the user posted undesirable or offensive content; b) take a screenshot of such content; c) send the screenshot with the description via email support@papay.space

About Terms

These terms may be modified if necessary, such as to meet security, functional, or legal needs, with the goal of enhancing the Service. Any changes will be effective no sooner than 14 days after they are published. The updated terms will apply to all future engagements between the User and Papay. These terms govern the relationship between you and Papay and the use of the Service. This Terms applies to User if User: • has used the PAPAY application or where User are otherwise a holder of an account with us; • uses PAPAY application and User is legally competent to enter into this End User License Agreement with us; and/or • is a Customer who uses the PAPAY application; • is a Customer who appoints End Users. By accepting these Terms, the User agrees to be bound by these Terms of Conditions.

CONTACTING PAPAY

If you have any questions regarding these terms, please reach out to Papay.