Article 3: Responsibility and Guarantee
3.1
BEBOATS.COM is committed to the regular intermediation of the boat rental contract.
In relation to its obligation to inform, BEBOATS.COM emphasises that it cannot be liable and/or accountable for its right of guarantee and responsibility. BEBOATS.COM is not responsible or liable in the conclusion of the boat rental contract between the Client and the Supplier. To this effect, BEBOATS.COM refers the Client to the applicable General Terms and Conditions.
3.2
BEBOATS.COM receives the information from its partners relating to the boats on offer for rent on the Website, their prices and related services. BEBOATS.COM cannot guarantee that the latter are true and/or up-to-date. BEBOATS.COM cannot also be held responsible for any potential prejudice relating to the omission, inexactitude or error of the information published on teh Website. Moreover, BEBOATS.COM cannot be held responsible of the boat's availability the moment that the boat in question is being booked.
3.3
In the event BEBOATS.COM supports the Client who wishes to assert his or her rights in court against the Supplier, BEBOATS.COM cannot be held responsible.
3.4. Responsibility Limitations
Relating to contractual responsibility the following provisions are subject to an explicit agreement.
3.4.1
BEBOATS.COM cannot be held responsible or liable towards the Client for the direct material damages resulting from the fault of BEBOATS.COM and this is applicable for all type of damages.
BEBOATS.COM is not in any way obligated to financiallu compensate the Client for:
i. the indirect damages (ie. economic shortfalls, financial losses and/or commercial losses) resulting from the partial or full inexecution of the boat rental contract, the use or the boat or any other failure BEBOATS.COM, the professional boat charter company or the Supplier could be accountable for.
3.4.2
BEBOATS.COM cannot in any way be held responsible for any material or intangible, direct or indirect damages regardless of their nature resulting from the use of the Website. The information published on the Website has no guarantee and is provided on an as-is basis without this list being limitative, with no guarantee of use, accessibility or interruption of service. The user recognises that the information published on BEBOATS.COM and its derivatives are used by him or her at his or her own risk.
3.4.2
BEBOATS.COM is in no way responsible for the following, without this list being limitative :
- for the non compliant use of the Website according to the present
- for the content of the offers made by its partners and generally speaking, for all the information and/or published data on other related websites.
- for the interpretation or the use of the information available on the Website or any related website.
- for the messages and information submitted via electronic message services
- for the submission of any data and/or information provided through the Internet
- for the technical difficulties related to the use and access of the Website, regardless of their origin
- for the actions of the partners, suppliers or the quality and/or reality of the services provided neither for the solvability of the so-called Suppliers, whoever they are
- for any case of force majeure or hardship, partial or total interruption of the service by the third party
3.1
BEBOATS.COM is committed to the regular intermediation of the boat rental contract.
In relation to its obligation to inform, BEBOATS.COM emphasises that it cannot be liable and/or accountable for its right of guarantee and responsibility. BEBOATS.COM is not responsible or liable in the conclusion of the boat rental contract between the Client and the Supplier. To this effect, BEBOATS.COM refers the Client to the applicable General Terms and Conditions.
3.2
BEBOATS.COM receives the information from its partners relating to the boats on offer for rent on the Website, their prices and related services. BEBOATS.COM cannot guarantee that the latter are true and/or up-to-date. BEBOATS.COM cannot also be held responsible for any potential prejudice relating to the omission, inexactitude or error of the information published on teh Website. Moreover, BEBOATS.COM cannot be held responsible of the boat's availability the moment that the boat in question is being booked.
3.3
In the event BEBOATS.COM supports the Client who wishes to assert his or her rights in court against the Supplier, BEBOATS.COM cannot be held responsible.
3.4. Responsibility Limitations
Relating to contractual responsibility the following provisions are subject to an explicit agreement.
3.4.1
BEBOATS.COM cannot be held responsible or liable towards the Client for the direct material damages resulting from the fault of BEBOATS.COM and this is applicable for all type of damages.
BEBOATS.COM is not in any way obligated to financiallu compensate the Client for:
i. the indirect damages (ie. economic shortfalls, financial losses and/or commercial losses) resulting from the partial or full inexecution of the boat rental contract, the use or the boat or any other failure BEBOATS.COM, the professional boat charter company or the Supplier could be accountable for.
3.4.2
BEBOATS.COM cannot in any way be held responsible for any material or intangible, direct or indirect damages regardless of their nature resulting from the use of the Website. The information published on the Website has no guarantee and is provided on an as-is basis without this list being limitative, with no guarantee of use, accessibility or interruption of service. The user recognises that the information published on BEBOATS.COM and its derivatives are used by him or her at his or her own risk.
3.4.3
BEBOATS.COM is in no way responsible for the following, without this list being limitative :
- for the non compliant use of the Website according to the present
- for the content of the offers made by its partners and generally speaking, for all the information and/or published data on other related websites.
- for the interpretation or the use of the information available on the Website or any related website.
- for the messages and information submitted via electronic message services
- for the submission of any data and/or information provided through the Internet
- for the technical difficulties related to the use and access of the Website, regardless of their origin
- for the actions of the partners, suppliers or the quality and/or reality of the services provided neither for the solvability of the so-called Suppliers, whoever they are
- for any case of force majeure or hardship, partial or total interruption of the service by the third party
The BEBOATS.COM Website and its derivatives may contain links to other websites managed by third parties. BEBOATS.COM does not in any way have any control over these so-called websites and will not take any responsibility relating to their content or any modifications or updates brought to these so-called websites.
3.4.4
BEBOATS.COM is making every effort possible to illustrate the products on offer on wwww.beboats.com with photos giving a realistic idea of the services on offer. The photos appearing in the descriptive sections of the products on offer are simply illustrative and have in no way any contractual value.
3.4.5
Similarly, the tips on the sailing itineraries, distances and sailing time provided by Beboatsare purely informative and BEBOATS.COM cannot in any way be held responsible for this.
3.4.6
BEBOATS.COM is considered simply as an intermediary to enable the client to find a boat for charter. BEBOATS.COM is subject to the obligation of means according to the expected services.
BEBOATS.COM, according to Article 3.4.2, offers no guarantee and it is explicitely understood by the Client that BEBOATS.COM cannot be held responsible to the Client may it be for the services and information made available on the www.beboats.com website, used at the user's own risk, for the services provided by the Supplier whether the latter be supplied or not.
3.4.6
If a court of law came to declare that the exclusion of responsibility clause, provided by Article 3.4.4 is inapplicable or null, the present clause of limitation of responsibility will find itself to be applicable instead of the former clause mentioned above. BEBOATS.COM's responsibility whatever its origin, for all prejudices cannot exceed the maximal amount of responsibility stipulated on the boat rental contract or in the General Terms and Conditions, as the case may be, on the applicable contractual documents concluded between the Supplier and the Client.