marsbrookboating.com Terms and Conditions
1. The Site is a Venue and We are Not a Party to any Holiday / Course Transaction.
We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either advertising their holidays or purchasing a holiday or course. We do not own or manage, nor can we contract for, any holiday or course listed on the Site. Instead, the Site acts as a venue to allow holiday and course providers who advertise on our Site (each, a “member”) to offer in a variety of pricing formats, a specific holiday to potential customers (each, a “ traveller” and, collectively with a member, the “users”). We are not involved in any transaction between travellers and members even though we may from time to time provide tools that enable a traveller to enter into a transaction to purchase a specific holiday directly from a member (a “Holiday Transaction”). As a result, any aspect of an actual or potential transaction between a traveller and a member, including the quality, safety or legality of the holidays advertised, the truth or accuracy of the listings (including the content thereof or any holiday or review), the ability of members to offer a given holiday/ course or the ability of travellers to pay for the holiday(s) / course(s) are solely the responsibility of each user.
2. Limited License to Use the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending an email to legal @ marsbrookboating.com (please remove the spaces - they are included purely to prevent spam).
4. Proprietary Rights and Downloading of Information from the Site.
The Site and all content on the Site are protected by copyright and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.
5. Identity Verification.
User verification on the Internet is difficult and we cannot and do not confirm each user's purported identity. We encourage you to communicate directly with a traveller or member through the tools available on the Site.
6. Limitations on Communications and Use of Other Users’ Information; No Spam.
You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
7. Responsibility for User-Contributed Content.
We have no duty to pre-screen content posted on the Site by members, travellers or other users (including, without limitation, reviews of any particular course / holiday), (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our Content Guidelines or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content.
8. Notification of Infringement; DMCA Policy.
We respect the intellectual property rights of others, and marsbrookboating.com does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. Marsbrook will terminate the account of a member or traveller or their access to the Site, in appropriate circumstances, if the member or traveller is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.
9. Links to Third Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
10. Limitation of Liability.
IN NO EVENT WILL WE (MARSBROOK), THE SITE, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY "MARSBROOK"”) BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY US, YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
WE WARRANT THAT THE SITE WILL BE PROVIDED WITH REASONABLE CARE AND SKILL WITH THE INTENTION OF MEETING OUR TECHNICAL SPECIFICATIONS FOR THE SITE, BUT WE CANNOT AND DO NOT GUARANTEE THAT THE SITE OR ANY OF ITS CONTENT OR FUNCTIONS WILL MEET YOUR REQUIREMENTS. EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THESE TERMS, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS RELATING TO THE SITE OR ANY OF ITS CONTENT, WHETHER EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE, COLLATERALLY OR OTHERWISE) ARE HEREBY EXCLUDED, EXCEPT IN THE CASE OF OUR FRAUD OR OUR FRAUDULENT MISREPRESENTATION, OR WHERE SUCH EXCLUSION IS NOT PERMITTED BY LAW. . TERMS EXCLUDED INCLUDE ANY AS TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH WE WILL TAKE REASONABLE STEPS TO AVOID OURSELVES INTRODUCING VIRUSES OR OTHER HARMFUL COMPONENTS TO THE SITE.
12. Release; Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE AND DISCHARGE US AND ANY MEMBER OF MARSBROOK, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.
13. Choice of Law and Forum; Time Limit.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF FRANCE AND SUBJECT TO THE NON-EXCLUSIVE JURISDICTION OF THE FRENCH COURTS.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
Marsbrook is a registered business in France. Our registration number is: Siret No. 451 356 604 00038
When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered or recorded delivery mail to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing.
Additional Terms and Conditions Applicable to Our Members
15. Member Eligibility; Accuracy of Information.
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such member’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting Customer Support regarding any updates to any such contact information previously submitted by such member to the Site. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.
16. Content, Layout and Copy.
All content and copy edits submitted by members are subject to review and approval by us. We reserve the right to refuse to publish any content that does not meet these Terms. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet our Content Guidelines. Members are responsible for reviewing and ensuring that any content submitted to the Site is displayed as the member intended.
Photographs should depict the holiday / course as the main subject of the photograph and may not include people if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.
18. Copyright Grant.
By accepting these Terms or by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the photographs and the likenesses (if any) of any content you post on the Site, and you grant the Site and the members of Marsbrook the right (but not the obligation) to protect the images, copy, and content available via your listing from unauthorised use by unaffiliated third parties who may, from time to time, attempt to appropriate or redistribute such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorised redistribution. We are not responsible for any infringement of laws resulting from content supplied by any member and each member agrees to indemnify us and any member of Marsbrook against any action brought for breach of copyright or other rights in connection with from the use of content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such member.
19. Uses of Our Trademarks or Logos.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is permissible for you to refer to marsbrookholidayideas.com on which you list your holidays in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Look at my holidays on Marsbrook / marsbrookholidayideas.com," or "I advertise holidays on marsbrookholidayideas.com." However, you may not refer to marsbrookboating.com in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by Marsbrook / marsbrookboating.com.
20. Hypertext Links.
We reserve the right to decline to permit hypertext links to, or inclusion of addresses of, other web sites from members' pages, and to remove such links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
21. Holiday / Course Reviews.
Any entries in the review section of any member’s listing must be genuine comments from guests who have experienced a holiday or course. The email address(es) of the guest(s) whose comments are given must be supplied by a member to us upon our request if it is the member who entered the review. All content submitted in reviews must meet our Content Guidelines. Members may not opt out of having their courses / holidays reviewed by travellers.
22. Substitution of Holidays; Advertising More Than One Holiday; Holiday Managers.
Each advertisement must relate to an individual and uniquely identified holiday / course. This means that:
The holiday in an advertisement may not be substituted for another holiday. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another holiday, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
23. Email Communications between Marsbrook and the Advertiser
Advertisers agree to receive periodical email communications from Marsbrook. These may include, but are not limited to, keeping advertisers in touch with changes to marsbrookboating.com and making them aware of any additional marketing opportunities. We will not sell advertiser email addresses.
24. Unauthorised Payment Methods; Subscription Payments
Payments between members and travellers: We are not a party to any payment transaction between members and travellers. No member may request any traveller to mail cash, or utilise any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or the use of any other unacceptable payment methods that may be posted by us on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the member and without refund.
25. Legal Requirements Applicable to Holidays
You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any holiday /course you list on the Site. We assume no responsibility for your compliance. Please be aware that, even though we are not a party to any holiday / course transaction and assume no liability for legal compliance pertaining to holidays / courses listed on the Site, there may be circumstances where we are nevertheless legally obligated to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
26. Refund Requests and Termination or Transfer of Listings
7 day money back guarantee: For all new subscriptions (as opposed to renewing subscriptions) a full 7 day no quibble money back guarantee is included when paying online by credit card. For bank transfers, any bank costs incurred by Marsbrook (e.g. but not limited to refunds to an account outside the EU) will be deducted from the amount. To request a refund, all requests must be made by email to email@example.com no later than 7 days after payment was made clearly stating the reasons why a refund is requested. Marsbrook will refund the amount paid (minus costs in the case of bank transfers) within the 7 days following.
If you renew your subscription, your are contracting to place your advertisement(s) online for the entire subscription period, subject to any right we may have under these Terms to suspend or remove that listing, without refund. If you sell your business and no longer wish for the listing to remain online, please delete your advertisment through your Advertiser Console; however, no refund will be owed.
27. Distance Selling.
When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing during the cooling-off period which is provided for certain transactions under the Consumer Protection (Distance Selling) Regulations 2000.