General Terms and Conditions
§ 1 Scope and Operator
These General Terms and Conditions (GTC) apply to the use of the internet services operated by Yachtino GmbH and to the publication of listings via these services.
The operator of the internet services (hereinafter the “Operator”) is:
Yachtino GmbH
Pater-Delp-Str. 30
47877 Willich
Germany
A “User” within the meaning of these GTC is any natural person or legal entity that uses the internet services, in particular anyone who places listings.
The services are aimed at both consumers and commercial providers (businesses), in particular boat dealers and charter providers.
§ 2 Services of the Operator
The Operator runs internet platforms for the publication of and search for listings, in particular for boats, yachts, charter offers, boat engines, boat trailers, moorings and accessories.
The Operator is in principle not a party to a contract concluded between Users on the basis of a listing. Unless expressly agreed otherwise, its service is limited to providing the platform and to publishing and distributing the listings.
The Operator may also offer additional services, in particular brokerage services. Supplementary agreements may apply to these.
There is no entitlement to a particular placement, reach or number of enquiries.
§ 3 Conclusion of contract
Only natural persons with unrestricted legal capacity and legal entities may conclude contracts for the publication of listings.
The presentation of services and prices during the ordering process is not yet a binding offer by the Operator. By completing the ordering process, the User submits a binding offer to conclude a contract. The contract is concluded when the Operator accepts this offer, in particular by activating the listing or by express confirmation in text form.
The contract language is German.
§ 4 Listings and responsibility of the User
The User is responsible for the content they post and for the accuracy and legality of their information.
In particular, no unlawful or misleading content, and no content that infringes the rights of third parties, may be published.
The User warrants that they hold the necessary rights to the texts, images and other content they submit. This applies in particular to copyright, trademark and personality rights.
The User grants the Operator the non-exclusive right, not restricted by territory, that is required for publication to store, technically edit, reproduce and make publicly available the content provided. The Operator may publish the content on all websites and services it operates and, for this purpose, technically adapt it to the respective medium.
In addition, the Operator may use the content to promote the listing and its services in apps, newsletters, printed publications and social networks and on partner portals, or make it available to partners for publication in the same way.
The right of use exists for the duration of the publication of the listing and ends when the listing is deleted or expires. Statutory retention obligations and technically necessary backup copies remain unaffected.
The User shall indemnify the Operator against justified claims by third parties arising from an infringement of third-party rights for which the User is responsible through the content the User has provided. This also includes reasonable legal defence costs.
§ 5 Protection of the internet services
The Operator’s internet services, its databases and the entirety of the published listings are protected by copyright and database law.
The reproduction, distribution, modification or other further use of listings or database contents, as well as automated extraction, for example by crawlers or scrapers, are not permitted without the Operator’s prior written consent, unless the law provides otherwise.
The User’s rights to their own content remain unaffected. The User remains free to dispose of their own data and information.
§ 6 Rejection, blocking and deletion of listings
The Operator may reject, not publish, temporarily deactivate or permanently remove listings if there are concrete indications that content or the use of the platform violates statutory provisions, these General Terms and Conditions or the legitimate interests of the Operator or other Users, or may impair the security, reliability or integrity of the platform.
This applies in particular in cases of abusive use and where there are well-founded doubts about the identity, reliability or authorisation of a User or about the accuracy of a listing.
The Operator is not obliged to check listings for legality or accuracy before they are published.
Where required by law, the User concerned will be informed of a restriction and the reasons for it. The User may object to a measure at the email address stated in the imprint; the Operator will then review the decision again and communicate the result.
§ 7 Prices, term, renewal and payment
For chargeable services, the prices, terms, billing periods and payment conditions displayed at the time of contract conclusion apply.
For consumers, the listing is initially provided for the term selected at the time of contract conclusion. If automatic renewal has been agreed, the contract is continued for an indefinite period after the original contract term has expired.
The renewed contract may be terminated by the consumer at any time with a notice period of no more than one month. Termination may already be declared during the original contract term, with effect from its end.
Prices may depend on the selected billing period. Fees may be charged in advance for the respective billing period. If the contract ends before a billing period that has already been paid has expired, the fee attributable to the period after the end of the contract will be refunded pro rata.
Termination may be declared using the button provided for this purpose (e.g. “Cancel contract”) or in text form. Deletion of the listing by the User also counts as termination. Deactivation by the User counts as termination, provided this is indicated accordingly to the User during deactivation.
For commercial providers, in particular boat dealers and charter providers, the contract is renewed in each case by the agreed billing period unless it is terminated with one month’s notice to the end of the respective billing period.
The User must ensure sufficient funds and the validity of the agreed means of payment. Costs incurred as a result of a chargeback or failed payment for which the User is responsible may be invoiced to the User in the amount actually incurred.
Further statutory rights of termination remain unaffected.
§ 8 Changes to these GTC and to prices
The GTC and prices that applied at the time of contract conclusion apply. Changes to these GTC and to prices apply to contracts concluded or renewed from the time of the change. They affect existing contracts only upon their renewal.
The Operator will notify the User of changes in text form at least 15 days before they take effect. Until then, the User may terminate the contract in accordance with § 7.
§ 9 Availability and liability
The Operator endeavours to keep its internet services available without interruption as far as possible. However, availability at all times and free of disruption cannot be guaranteed.
The Operator gives no warranty for the accuracy of the information posted by Users or for the condition, availability or legality of the boats, goods or services offered.
The Operator is liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.
In the case of a slightly negligent breach of essential contractual obligations, liability is limited to the damage that is typical for the contract and foreseeable. Otherwise, liability for slight negligence is excluded, to the extent permitted by law.
Liability under the Product Liability Act and claims under expressly assumed guarantees remain unaffected.
§ 10 Right of withdrawal for consumers
For chargeable contracts for the publication of a listing, a consumer’s listing is only activated once the consumer, during the activation process, expressly agrees that the Operator begins performing the chargeable service (publication of the listing) before the withdrawal period has expired, and confirms that they thereby lose their right of withdrawal.
The consumer’s right of withdrawal then expires under the statutory conditions. Details of the right of withdrawal, the withdrawal period, the early expiry of the right of withdrawal and the consequences of a withdrawal can be found in the right of withdrawal information.
§ 11 Data protection
Information on the processing of personal data can be found in the privacy policy of the respective internet service.
§ 12 Governing law and jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.
If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the Operator.
Otherwise, the statutory provisions on jurisdiction apply.
Version: September 21, 2026