Terms of Service

1. General

Through registration you may, (as “Boater” or “User” defined below), use Mooringo AB:s (“Mooringo” or “Company”) service, the application (“App”) or website (“Site”), to enter agreements (“Agreement”) with other Boaters or Users. The User confirms this document, the usage of Mooringos service, and consents with it.

2. Definitions and context

“Boater” means a person registered to the App provided by Mooringo.

“User” means a person or organisation using the App provided by Company.

“Communication” means an email, message via the App, or messages through other applications.

“Content” means text, graphics, images, music, software (App excluded), audio, video, information or other materials with defining or telling character.

“Service” means the composite structure used as forum for Communication between Boaters, customer support, payment control system and Communication of content or collective content.

“Listing” means objects available for booking via the App provided by other Boater or organisation.

“Object” Means a berth (a space used to contain boats), anchor spot or buoy. The Listing may also fully or partly consist of extra services or objects e.g. electricity-, latrine or sauna access furthermore bicycle or cart rental.

“Guest” means a Boater using the App provided by Company for rental of Listings provided by other Users, a tenant.

“Host” means the User with the legal right to lease the Objects/means the User with the right to list the Objects.

“User Content” means all content uploaded by a Boater to the App provided by Company including Listing, account, or other forums containing information provided by Boater.
“Platform” means the technological structural creations used to provide the Service mediating of Listings through the appearance of an App.

“Provider of Service” means Mooringo/Company as sole provider of the Platform.

“Owner” – means the person or organisation with the legal ownership of the Object and thus the legal right to collect money from leasing the Object.

The Company provides an opportunity to rent and lease Listings through App and Site. The service enables the User to rent Listings or provide Listings through Mooringos Platform.

Mooringo provides a mediate Service and are not taking part in any Agreement mediated through the Service besides what is needed to transfer payment and information. Mooringo will not be part of Agreement between Guest and Host. Responsibility does not extend beyond this document as the Company provides only the Service through the Platform (App and Site). Mooring will provide the Service, as Provider of Service, as it is perceived through these terms and appears on App and Site.

3. Complete jurisdiction

THESE TERMS CONTROL THE FULL RELATION BETWEEN MOORINGO AND THE USER AND WILL REPLACE ALL EARLIER AGREEMENTS, BY WRITING OR ORALLY, BETWEEN MOORINGO AND USER CONCERNING THE SERVICE. BY ACCEPTING THESE TERMS YOU COMPLY WITH YOUR LEGAL RESPONSIBILITY THAT FOLLOWS. THE COMPANY’S RESPONSIBILITY IS LIMITED AND DO NOT CONCERN THIRD PARTY. ANY THIRD PARTY RELATED ISSUE BETWEEN BOATER AND/OR USER AND ANY OTHER PART THAN COMPANY WILL NOT CONCERN MOORINGO.

4. Terms of service

How the App and Site works with included restraints

By using the App, the Boater or User gains access to the Service provided by the Company Platform as a mean to facilitate Listings or rent Objects as Host or Guest. The Host and Guest are able to communicate and transfer information in line with the privacy policy. Also transfer payment in line with the financial terms below when using the provided Service. The Platform allows Boaters to exchange needed Boater Content, payments and other needed information to complete the transaction in line with the Agreement. As Provider of Service, Mooringo, will guarantee the needed functional Service and Platform in order to deliver the agreed Service as perceived. Mooringo is not part in the Agreement, but will however 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 booking schedule. If nothing else expressed by Host, the Agreement, allows Guest the access what is expressed by the Listing. When booked, the Object will be shown as leased on App.

The Owner is solely responsible of giving correct measurements of the Listing regarding width, length and depth. Mooringo is not responsible of measurements as Provider of Service. The Host will guarantee the Listing to be available according to the set schedule.

Mooringo is responsible of delivering the Service in line with these terms. Mooringo will provide Communication, which includes exchange of names, e-mails, phone numbers and a receipt. Furthermore, Mooringo supplies Boaters with these terms as a mean of enhancing the availability and security of Agreements between Boaters.

5. Financial terms and Booking

Definitions

“Rental fee” means the amount due in exchange of usage of a Listing (charged by Owner and paid by Guest) in line with Agreement. The Owner will set the Rental Fee. The Listings. Guest is not to be charged extra fees. This fee will be calculated and displayed on the Object’s detail screen inside the App before Object is booked.

“Service fee” means a fee charged by Mooringo as payment for Guests usage of Service.

“Transaction fee” means the fee charges by Mooringo as payment for money transfer.

“Total fees” means joint Rental Fee and Service Fees.

“Module provider” means the company providing the implemented payment module. Please note that the appointed Module provider may vary among countries e.g. globally.

“Payment module” means the by third party, “Module provider”, provided system implemented to the Platform containing the Payment system enabling payments being made.

Booking

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, Mooringo 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 secure a Listing at a given time. The Object will be listed as booked when Agreement is reached. The Listening will not show as available.

A Listing is booked when the Guest completes the booking through the App. Every included step of the process needs to be finished to complete the booking as a Boater and User of the Service. 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 payed by the Owner.

Mooringo cannot control any extra charges made by Owners banks or other financial institutes. Mooringo will not be responsible for such charges and denies any responsibility in this regard.

Guest cancellation and refund

The Host guarantees the availability of the Objects and Listings upon agreed dates.

Cancellation of a booked Listing will be possible as a Guest. A cancellation needs to be made at the day before arrival of the first booking date in order to recollect full refund of Rental fee (Transaction fee will be deducted if existing). Some marinas need a seven (7) day cancellation policy to do full refund. Cancellations made later than seven days ahead are only refunded up to 50% by those marinas. The amounts that are refundable will be transferred back to booker within reasonable time according to payment method.

Mooringo cannot control extra charges made by Users banks or other financial institutes, related to the Guests usage of the App, upon payment. Mooringo will not be responsible for such charges and denies any responsibility in this regard. Mooringo accents the Guests need of knowing how the bank or financial institute handles international payments.

Terms of payment

The payment to Owner, after deduction of calculated Transactions fees, will be made earliest seven (7) days after the Guests stay and at latest forty-five (45) days after the Guests stay. Guest’s payment obligation ends upon payment of the amount, decided by the Agreement, through the App. Mooringo will use payment modules with from external supplier with PCI DSS-certied.

The Module provider provides the Service used to process payments, the Payment system is however accessed through Mooringos Platform (on the App). By obliging to these terms, you will agree to let transactions be processed by Module provider. Any Content controlled by Company (the customer billing information and by Module provider returned payment information) will be handled in line with Mooringos privacy policy. By agreeing to these terms you will concur with Mooringos usage of the Module providers Payment system. Usage of the service provided by Module provider includes sharing payment information with the Module provider in order to enable transactions between Guest and Owner.

Mooringo has implemented the Payment module as a part of the Service. Mooringo is responsible for any personal data provided by Boater and/or User. At length Module provider acts as a personal data assistant. Mooringo will not be able to access the billing information provided by Boater or User other than an encrypted version. The chosen payment method and associated billing information as the information is encrypted; Mooringo simply receives access to the substitution code.

Boater needs to be aware of the conditions enabling processing of transactions. The Module provider as an individual business partner will allow usage of their Payment system and Boaters needs to be aware of associated terms (# Module providers terms of service). In order to allow successful transactions through Module providers Payment system and completing the Agreement, Boater has to provide complete and accurate needed information and content about self and business when needed to make any transaction possible. By agreeing to these terms, Boater accepts Mooringos and Module providers usage of billing information as mean of processing payment.

Hereby, authorization to collect amounts, decided through and resulting from the Agreement, is given to Mooringo and at length Module provider.

BY ACCEPTING THESE TERMS, USERS HEREBY APPOINTS MOORINGO AND MODULE PROVIDER AS THE HOST REPRESENTATIVE APPOINTED THE POSITION OF COLLECTING PAYMENT FROM GUEST, HOLDING THE AMOUNT AT LEAST SEVEN (7) DAYS AND AT LENGTH FORTY-FIVE (45) DAYS MONTHS BEFORE TRANSFER TO HOST AFTER GUESTS STAY.

Fixed Total price

When Guest makes booking in other ways than through the App the fixed Total fee cannot change. The Owner is obliged to charge the Total fee and the same amount at all times even though the App is not used. Please note that Owner is obliged to charge full price equal to Total Fee, the Guests total price due to be paid, at all times when using the App.

6. Object

Object issue

“Object Issue” refers to any of the following circumstances:

The Host does not own the listed place and Owner of the Object leased does not concur with rental. The listed Object does not meet the measurements or is clearly not used to contain a sea vessel such as described on App and the Object is considerably inaccurate with respect to:

(a) Object is not available due to usage of other person or malfunction,
(b) special amenities or features represented in the Listing description are not provided or do not function (e.g., electricity, water the size of the Objects depth, width, length), or
(c) the given physical location of the Object is not correct or the Object does not exist.

In case, as a Guest, you experience an Object Issue, Mooringo will at most allow compensating of the full amount paid at the time of booking. Mooringo will determine whether an Object Issue claim justifies compensation after judging the evidence. The refund will be made at Mooringos discretion.

Any damage to your boat or personal belongings, self or others related to the Collective Content about Listing, stated by Owner on the App, will be the concern of the Owner and cannot be 100 % verified by Mooringo. As a Guest, precaution is required in terms of trusting the information given by Owner. Mooringo accents the Guests possibility and need of Communication with the Host and Owner if to ensure safe usage of Objects or Harbour.

Guest refund

Guests are able to claim Object Issue. In order to Object issue, as a Guest, you need to meet each of the following demands:

Object Issue has to be brought to Mooringos attention, this can be achieved by mailing to (info@mooringo.com) and inform us of what has happened including photographs or other evidence about the conditions of the Listing issue. This needs to be done within 48 hours of the start of using the rental. If necessary Mooringo may contact Guest to collect further information about the case, the Guest needs to respond and cooperate when contacted.

In order to collect a refund, the Guest cannot directly or indirectly have been causing the Object Issue. And if not causing the Object Issue stated above, the Guest should try to remedy the situation in order to exclude possible solutions. If Mooringo determines to reimburse Guest in line with the above stated circumstances, the Owner cannot expect payment. If Owner disputes the Object issue, notification along with suitable evidence, photograph or other evidence, should be provided to the Company in order to dispute the Guests claim. Mooringo will determine the outcome of the dispute with regard to the accurate evidence.

Taxes

Mooringo will report any income made through the App or Service by Boater if demanded by the domestic tax-authority. In case Mooringo reports income to tax-authority, the Company will notify Owner. In terms of paying tax, the Owner needs to be responsible of paying their own taxes in line with the present-day taxes. Mooringo will not be able to give tax-related advice.

Responsibility

The following responsibility is to be upheld at all times by Users:

(a) The Owner and/or Host will respect the Agreement and the terms resulting from Listing and any other communication between the parts.
(b) In case the Guest makes a cancellation, you cannot, as a Owner, expect payment,
(c) The Owner cannot cancel the Agreement without the full and unforced consent of the Guest. The Host cannot under any circumstances cancel the Agreement.
(d) The Guest will respect the Agreement and the terms resulting from Listing and any other communication between the parts.
(e) Guests are responsible for leaving the Object, other vessels and surrounding area in the condition it was in when you arrived.
(f) Any discriminating behaviour through App and/or Site will be subject to sanctions by Mooringo.

Ignoring the financial terms concerning price, will result in termination of Users account. Mooringo will be able to terminate account when Owner in any way is found of charging a different price the decided Total price.

Mooringo maintains the right to remove User from the Platform if needed.

Further action and crime

Mooringo will take action against continuous breaking of these terms resulting in Listing Issues or other issues related to the rental of Listings. Owners, Hosts and Guests are subject to these actions if need be. Mooringo can suspend or remove any User from the Platform. At length Mooringo maintains the right to remove User from the Platform in case of continuous issues or any crime. Any included administrative fees connected to the burden of processing the issue of suspending, removing or terminating as stated above will be paid by the violator and/or criminal (e.g. User).

Host claim

In case Host claims and can proves with provided evidence of damage, Guest will agree to pay needed cost to repair the damage and restore the damaged goods. Mooringo accents the need for Guests appropriate usage of insurance. The Company does not offer any insurance and the Guest will need to take own action to ensure safe usage of rented Listings.

Host will however be responsible in case the Listing contains misleading information causing any damage to Guest, Guests vessel, Listing, other vessels or surrounding area.

In case needed, Guest and Host will assist Mooringo as the Company takes appropriate action to solve the situation. Occurred damage that does not concern Mooringo will lead to Guest and Host solving their own dispute.

7. Intellectual property

Mooringo is the sole owner of all intellectual property displayed on the App and Site. Any Content provided by Mooringo (e.g. including name, logo, pictures and more) is not to be used for own purposes. The Platform built, supported and owned by Mooringo and Service mediated by Mooringo are not to be used outside of these Terms and in no other purpose.

8. About terms

These terms may change, as the Platform or Service change in order to meet security needs, functional needs and or other needs with purpose of enhancing the Service. Changes may also be made as a result of changing laws. The changes will be binding no sooner than 14 days after they are published. The changed terms, the new document, will control coming engagements between Boater and Mooringo.

These terms control the relation between you and Mooringo, furthermore, the usage of the Service.

CONTACTING MOORINGO
If you have any questions about these Terms, please contact Mooringo.

Mooringo AB
TALATTAGATAN 10 A
426 76 Västra Frölunda
Sweden

VAT number: SE559026911301
Company Id: 559026-9113