Terms for Ship O’Hoi

SHIP O HOI AS with organization number 930178667 ("The Supplier") offers a marketplace on the Website ("The Marketplace").

The purpose of the Marketplace is to facilitate contact between businesses and/or individuals interested in renting Boat berths and watercraft (Boat, Jet Ski, Kayak) ("Rental Objects").

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1 DEFINITIONS

"Payment Provider": Stripe, www.stripe.com.

"User": anyone who visits and/or uses the Website or the Marketplace.

"Fee": administration fee for reservations made on the Marketplace.

"Rental Agreement": the owner of asset/Lessor's rental terms, or a written, verbal, or informal contract between the owner of asset/lessor and tenant regarding the rental of Rental Objects.

"Tenant": a User who wishes to rent Rental Objects.

"Of Legal Age": a person who is at least 18 years old and, if the User is a company , someone authorized to use the Marketplace on behalf of the company .

"Website": ship-ohoi.no.

"Technical Requirements": The customer must have available network access to use the solution. To rent a watercraft (boat, Jet Ski), one must have obtained approval of their boat operator certificate in the solution.

"Owner of asset / Lessor": a User who wishes to rent out Rental Objects.

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2 APPLICATION OF TERMS

2.1 These terms ("The Terms") govern the use of the Marketplace and contain important information about legal rights and obligations.

2.2 Anyone entering the Marketplace, registering as a User, and/or using the information made available on the Marketplace confirms having read and being bound by these Terms. Therefore, carefully read these Terms before starting to use the Marketplace.

2.3 If you do not agree to these Terms, refrain from using the Marketplace and/or registering as a User on the Marketplace.

2.4 The Terms solely regulate the contractual relationship between the Supplier, including any subcontractors and partners, and you as the User. They do not regulate the contractual relationship between the owner of asset and tenanr.

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3 CHANGES TO THE TERMS

3.1 The current Terms are those available on the Website at the time of entering into a Rental Agreement. You as the User mustread the version of the Terms available on the Website before entering into a Rental Agreement.

3.2 The Supplier may change the Terms from time to time at its discretion, and:

• Changes to the Terms take effect immediately after they are published on the Website
• Changes are notified by the Supplier updating the date of the Terms. The Supplier will only send a separate written message to you as the User with information about the change if the Supplier considers the change to be of such significance that you as the User should be specifically informed about it
• Changes will only apply prospectively and will not affect already concluded Rental Agreements.

The following applies solely to consumers

3.3 The Supplier may change the Terms from time to time to comply with any changes in services or legal, commercial, and/or technical changes:

• The Supplier will notify you as the User before the amended Terms take effect
• If you as the User do not accept the new Terms, you can close your user account and stop using the Marketplace within 30 days after receiving the change notification. Your user relationship with the Supplier will then be terminated
• If you do not close your user account within these 30 days, you are deemed to have accepted changes to the Terms; and
• Changes will only apply prospectively and will not affect already concluded Rental Agreements.

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4 USERS

4.1 The Marketplace is offered to businesses and private individuals who are Of Legal Age. Consumer protection is available only for private individuals.

4.2 As a user of the Marketplace, you confirm that:

• You are Of Legal Age.
• You commit not to sell, distribute, assign, transfer, license, or otherwise commercially exploit the whole or parts of the Marketplace other than entering into Rental Agreements in accordance with these Terms.
• You understand and meet the Technical Requirements required to use the Marketplace.

4.3 You as Users are responsible for ensuring that the information provided at registration is correct and for keeping this information updated.

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5 USE OF MARKETPLACE

5.1 The Marketplace shall be used in accordance with these Terms:

• The Supplier reserves the right to conduct reasonable and necessary investigations to ensure that the
• Marketplace is used in accordance with the Terms.
• Information learned by the Supplier through such investigations shall be treated confidentially and only shared to the extent necessary for the purpose of the investigation.
• The Supplier has the right, without notice, to block a User's access to the Marketplace if there is suspicion of misuse of a User's information, or if the information provided by the User appears to be contrary to applicable law, or if the User has otherwise acted in violation of the Terms.

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6 RENTAL RELATIONSHIP

6.1 The Supplier offers the Marketplace itself and facilitates the transaction between Users. The Supplier is therefore not a party to the contractual relationship between Users. No User can make a claim against the Supplier in connection with a Rental Agreement.

6.2 Users are encouraged to enter into a written Rental Agreement. The Supplier is not responsible for and does not guarantee the fulfillment of the Rental Agreement.

6.3 The tenant and owner of asset are responsible for meeting the requirements imposed on them in the Rental Agreement. For example, the Rental Agreement should include regulations on who (owner of asset or tenant) is responsible for:

• Payment of taxes and other fees that may arise from the rental;
• Finding out which tax rules apply to the rental of the Rental Object;
• Arranging any insurances;
• Arranging any permits, qualifications, and/or certificates required by the authorities in connection with the use of the Rental Object.

6.4 Any assertion of consumer rights and other rights related to the Rental Agreement and the contractual relationship must be made between the owner of asset and tenant.

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7 ADVERTISING

7.1 The owner of asset is responsible for ensuring that the Rental Object is advertised correctly, with the correct price, and that the information provided in the advertisement published on the Marketplace is accurate, complete, and does not violate applicable laws or rules.

7.2 Advertising on the Marketplace shall not be offensive or offensive to ethnic groups and/or individuals. Advertising shall not contain illegal, harmful, or offensive material, including but not limited to, pornographic or political messages or references to prostitution, alcohol, drugs, tobacco, medicine, or weapons.

7.3 The Supplier reserves the right to change, reject, or cancel the publication of advertisements that, in the Supplier's judgment, are incorrect or misleading or in violation of this provision.

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8 FEE FOR THE MARKETPLACE

8.1 The Provider charges a fixed 15% commission on the lease agreement as a fee for using the marketplace. This is deducted before the remaining amount is paid out to the lessor.

8.2 If a User chooses to bypass the provisions of the Terms regarding payment of the Fee (for example, by making a payment outside the Marketplace), the Supplier may make a claim against the User, demand payment of the omitted Fee, and also ban the User from the Marketplace.

8.3 The Supplier reserves the right to change the Fee. Any changes in the Fee will only apply prospectively and will not affect already concluded Rental Agreements. Otherwise, the provisions of the Terms regarding "Change of Terms" apply.

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9 PAYMENT TERMS

9.1 All payments are handled using the Payment Provider. The User can choose to pay with a credit/debit card (Visa, MasterCard, or American Express).

9.2 The provider retains the rental amount on behalf of the Tenant and Landlord throughout the entire rental period. Subsequently, the rental amount is transferred to the Landlord's specified bank account, after deducting fees in accordance with these Terms, no later than 7 days after the end of the rental period.

9.3 Any claims regarding either incorrect payment to the Tenant or refund to the Landlord must be resolved between the Landlord and Tenant without involving the Provider or Payment Provider, provided that the claim is not related to the Provider's breach of these Terms.

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10 CANCELLATION AND COMPLAINTS

10.1 In principle, a Landlord cannot cancel a Rental Agreement unless circumstances arise that the Landlord could not foresee or control (force majeure). If this happens, the following applies:

If the lease agreement is not approved by the landlord, the money will be refunded to the tenant. If the rental is canceled by the tenant within 24 hours or less before the start of the lease, the customer will only be refunded 50% of the rental cost based on the fact that the owner could have reserved the time and could have had other lease terms if the cancellation had occurred earlier. The landlord will then receive the remaining amount for the inconvenience caused by the cancellation.

10.2 If the Landlord does not deliver or hand over the Rental Property to the Tenant according to the time specified in the Lease Agreement, the Provider, if the Tenant and Landlord do not agree on a new rental period within seven (7) days, will refund the rental amount to the Tenant. Ship O'Hoi deducts 5% of each amount paid as a covering cost for transaction fees.

10.3 A Tenant can cancel as follows:

A cancellation must be made at least 24 hours before the start of the lease. If the Tenant cancels the reservation at least 25 hours before the rental start, the Tenant will receive a refund of the rental amount, minus the payment provider's transaction fees. The Landlord receives no payment. If the Tenant cancels the booking less than 24 hours before the first day of rental/lease start time, the Tenant will receive only a 50% refund, with a deduction for the supplier fee. The Landlord will receive payment, deducting the Provider's Fee.

10.4 Any complaints, objections, and claims for compensation in connection with the rental or Rental Property must be handled between the Tenant and Landlord without involving the Provider.

10.5 When a rental amount is to be refunded according to these Terms, the Provider sends a message directly to the Payment Provider handling the refund to the Tenant. It usually takes between 3-8 business days (bank days) for the refund to be completed.

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11 USER RESPONSIBILITY

11.1 You as a User undertake to use the Marketplace in accordance with the Terms.

11.2 The User is responsible for all information published on the Marketplace or shared with another User in connection with the use of the Marketplace. This means that the User must ensure that the information provided at registration, or in any other way made available on or through the Marketplace, is accurate, and that the disclosure of this information does not in any way conflict with the Terms or applicable laws.

11.3 The User guarantees that they have the necessary rights to the content (e.g., images, logos, and advertisement texts) uploaded to the Marketplace.

11.4 The User grants the Provider an unlimited right to freely dispose of content uploaded to the Marketplace, including for marketing and other purposes. The User is not entitled to compensation for any such use. This right applies even if the ad is later deleted.

11.5 The User may be held liable for any loss or damage caused to the Provider or others to whom the Provider has a responsibility due to the User's breach of the Terms or applicable law, or as a result of the User's conduct. The User shall indemnify the Provider if a third party makes a claim regarding the use of their property rights on the Marketplace without consent.

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12 CUSTOMER SERVICE

12.1 The Provider aims for Users to be satisfied with the Marketplace and offers the following customer service:

• via email at hei@ship-ohoi.no.

12.2 The Provider does not guarantee any response time to questions or that questions can be answered.

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13 PROPERTY RIGHTS

13.1 Each User has a limited right to use the Marketplace as specified in these Terms.

13.2 The Provider holds all intellectual property rights related to the Website, the Marketplace, and its content, including all further development. This means, among other things, that:

• Use of the Marketplace does not grant Users intellectual or other rights to the Website, the Marketplace, the Provider's logos, or trademarks (registered or not) or anything else owned by the Provider.
• No rights are granted to Users except the right to use the Marketplace under these Terms.
• No User may copy , reproduce, distribute, modify , dismantle, decompile ("reverse engineer"), create competitive works from, license, sell and/or resell all or parts of the Marketplace (or any content thereof) or in any other way dispose of them to develop or offer a product or service that competes with the Marketplace or for other purposes.
• The Provider's trademarks, names, logos, and/or other features cannot be used in connection with other products or services.

13.3 If a User's intellectual property rights (such as images or logos) are displayed on the Marketplace (for example, through ads), the Provider is only given the right to use such intellectual property in connection with ads on the Marketplace or general marketing of the Marketplace.

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14 LIMITATION OF LIABILITY

14.1 "As it is"/"as it is available" purchase means that if you as a User experience faults or deficiencies with the Marketplace, you do not have the right to complain or demand compensation, except for limitations that may be imposed by mandatory legislation.

14.2 Use of the Marketplace is at the User's own risk. The Provider assumes no responsibility for the User's use of the Marketplace.

14.3 The Provider also does not guarantee that the Marketplace does not involve infringement of others' rights.

14.4 To the extent permitted by applicable law, the Provider disclaims any liability for indirect or incidental loss or damage resulting from the use of the Website or Marketplace.

14.5 The Provider cannot be held liable in connection with the Lease Agreement, for example (but not limited to), damages caused by or incurred by the Tenant or Landlord using a Rental Property leased via the Website, as well as a User's failure to comply with local laws, rules, or regulations.

14.6 In the event of liability, the Provider's total liability is limited as follows:

• Liability covers only the User's documented financial losses; and
• The Provider cannot be liable to the User for an amount greater than the Fee (excluding VAT) paid by the User.

The following applies only to consumers:

14.7 Limitation of liability in this provision does not change or limit a User's rights as a consumer and does not exclude or limit liability to the extent not permitted by applicable law.

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15 PERSONAL DATA AND PRIVACY POLICY

15.1 The use of the Marketplace involves the processing of personal data for various purposes. The Provider is responsible for all processing of personal data carried out by the Provider or others on behalf of the Provider in connection with the Marketplace. Personal data is information that can be directly or indirectly linked to a person, such as name and address. Contact information for the Provider can be found on the Website.

15.2 By using the Marketplace, Users accept that the Provider processes:

• Contact information such as name, email, phone number, address, and identification number;
• Payment information such as debit or credit card details or bank account for payment;
• Geographic location such as coordinates and IP address;
• Detailed order history including receipts and timestamps;
• User information for the purposes specified in the Provider's privacy policy available at ship-ohoi.no.

15.3 The User must comply with applicable data privacy laws and obtain necessary permissions and consents required for uploading, storing, and using data in connection with the Marketplace.

15.4 By using the Marketplace, each User agrees to receive electronic communication relevant to the use of the Marketplace, either on the Website and/or via email.

15.5 The Provider will process personal data as described in its privacy policy available at ship-ohoi.no.

15.6 To the extent the Provider processes personal data on behalf of a User in connection with the Marketplace, the Parties shall enter into a written data processing agreement.

15.7 If a User disagrees with how the Provider handles personal data, a complaint can be sent to the Norwegian Data Protection Authority (Datatilsynet) at email: postkasse@datatilsynet.no, phone: +47 22 39 69 00 (www.datatilsynet.no)

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16 CHOICE OF LAW AND DISPUTE RESOLUTION

16.1 The Marketplace is solely directed towards Users accessing it from Europe. Users accessing the Marketplace from other countries are responsible for complying with local laws (for example, regarding the delivery of digital services and/or marketplaces) to the extent such laws apply.

16.2 If any provision of these Terms is deemed illegal, invalid, or unenforceable, that specific provision shall be deemed omitted, and such omission shall not affect the validity or enforceability of the remaining provisions in these Terms.

16.3 The Parties shall endeavor to resolve any conflicts or disagreements through negotiations.

16.4 Disputes that arise and are not resolved through negotiations within a reasonable period (not more than 60 days) shall be settled under Norwegian law with Oslo District Court as the legal venue.

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If you would like to read the terms and conditions for Marina O’Hoi, you can view them here.