Terms of Service
These Terms and Conditions govern and apply to the use of Cabinpick’s Service by:
· Guests that are booking the Vessel Operator services.
· Vessel Operators who offer their services
Terms of Service (read)
Welcome to the Cabinpick website, www.cabinpick.com, which we refer to as the “Site.” Use of the term “Site” also includes, and any content, functionality, and services offered on or through the Site. These Terms and Conditions of Use (these “terms”) govern your use of, and access to, the Site.
The Site is owned and operated by Cabinpick International B.V. (who we refer to, together with our affiliates, as “Cabinpick,” Cabinpick.com“us,” “we,” or “our,” depending on the context). When we refer to “you” and “your” in these terms and conditions, we are referring to you as a visitor, you as a vessel owner or your Company and user of the Site.
You should carefully read these terms of service. By accessing, browsing, or otherwise using the Site, you are creating a binding contract between you and us, and you are acknowledging that you have read, understood, and agreed to be bound by these terms of Service.
We may make changes to the Site or these terms at any time. Any modifications will be effective when the changes are posted to the Site. You can review the most current version of these terms at any time by accessing the section of the Site labeled [Terms of Use], and you can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of these terms. You are expected to check these terms from time to time to take notice of any changes. You understand and agree that your continued access to or use of the Site after any posted modification to these terms indicates your acceptance of the modification, even if you did not take the time to read the modification.
Cabinpick.com is an online service that provides Users ("Guests") to access vessels for any purpose indicated by the platform and Vessel Operator. For purposes of this Agreement these services shall collectively be defined as the "Services". This Agreement describes the terms and conditions that will govern your use and participation of the Services. The Services include (but are not limited to) (1) the services available under the domain and sub-domains of www.cabinpick.com (the "Site") and (2) any CABINPICK" widget" or service embedded on a third-party website such as a company, or other organization.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE SITE. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective when initially posted on the Site. We strongly recommend that, as You read this User Agreement, You also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to You as a Participant. This Agreement may not be otherwise amended except in a writing signed by You and Cabinpick.
CABINPICK DOES NOT PROVIDE THE ACTUAL ONBOARD SERVICES, AND CABINPICK IS NOT A VESSEL.IT IS UP TO THE THIRD PARTY VESSEL OPERATOR, OR OTHER VOYAGING PROVIDER, ITS MASTER (CAPTAIN) OR VESSEL OPERATOR/OWNER TO RESPOND WITH AN OFFERED SERVICE ONBOARD VESSELS WHICH MAY BE ARRANGED THROUGH USE OF THE SERVICES. CABINPICK OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY ONBOARD ACCOMODATION OR SHIP VOYAGING SERVICES, BUT DOES NOT INTEND TO PROVIDE ONBOARD ACCOMODATION OR SHIP VOYAGING SERVICES OR ACT IN ANY WAY AS AN ONBOARD ACCOMODATION OR A VESSEL IN TRANSPORT OF GOODS, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ONBOARD ERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Payment terms
Any fees which CABINPICK or any third party may charge the Users for the Services are due immediately and are non-refundable as subject to the Cancellation Policy. This no refund policy shall apply at all times regardless of (i) Your decision to terminate Your usage, (ii) Our decision to terminate Your usage, (iii) disruption caused to Our Services either planned, accidental or intentional, or (iv) any other reason whatsoever. Cabinpick reserves the right to determine final prevailing pricing for Vessel Operators . Please note the pricing information published on the website may not reflect the prevailing pricing for Vessel Operators.
Cabinpick, at its sole discretion, may make available promotional offers with different features and different rates to any of Our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. Cabinpick may change the fees for Vessel Operators for Our Services as we deem necessary for Our business. We encourage you to check our website periodically if You are interested in keep abreast of how We charge for the Services.
Vessel operators get paid for all confirmed and executed booking every month in one (1) batch. Please note: it is important that all required date is entered correctly in platform (i.e., bank account, company details as per data mentioned).
Cabinpick “onboard Cabin”
“Cabins,” also known as “onboard Cabin’s are non-land Customer accommodations onboard Ships that are serviced through the onboard Ship’s crew.
Eligibility
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the Site or the Services, You represent and warrant that You have the right, authority and and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by You or Cabinpick for accessing the Service. You are solely and fully responsible for all activities that occur under Your password or account. Cabinpick has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
Term and termination
This Agreement is effective upon use of the Site or Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason by following the Notice of Termination instructions on the Site, or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in Cabinpick by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us, We will remove all of Your information from our servers. We maintain sole discretion to bar Your use of the Service in the future, for any or no reason. Even after Your participation in Cabinpick is terminated, this Agreement will remain in effect.
Requests and Offers
Cabinpick.com allows customers to make requests and in addition the requests to vessel operators are open to offer a service. The range is specified for a window of 4 months open to agree amongst customer and vessel operator to agree a confirmed booking. An agreed, confirmed booking will be active in the your account and visible for 4 months.
Cancellation by Vessel Operators
If by some reason the vessel operator will not be able to accommodate the customer, possibly because last minute the vessel needs to perform a different job, then VO can cancel the reservation or confirmed booking modification to a new date. The customer will be 100% refunded, including the service fees and no penalty will be incurred for the Vessel Operator. A confirmed booking can be cancelled till the day of the start of the reservation.
Cabinpick strongly advise to agree and re-engage on a new date with customer to enhance service being a Vessel Operator before final cancelling and as such modify the agreed confirmed booking.
Cancellation by Customer
If you want to modify or cancel your confirmed booking, you can do so yourself by logging in on our website with your e-mail address. By notifying the vessel operator via the internal message service you can modify, re-engage and agree on a new date as a primary agreement.
If unfortunately a new date cannot be agreed, or modified, a customer can cancel a confirmed booking at any time before the day of the start of the booking. If the cancellation is done 7 days before the start of agreed and confirmed booking, the customer will be reimbursed the full amount of the reservation minus the service fees.
For confirmed bookings within 7 days, a 100% compensation, including service fees will be refunded.
Not showing up for your booking does not confer the right to a refund.
Damage
Please note that by accepting our Terms and Conditions
guests agree that they are liable for any damages caused by themselves or their
accompanying party.
Preparation of Boarding Vessels
Guests always have to consider that the departure time and arrival time can be changed. Ships are primary scoped for transport of cargo, or any other shipboard operation as part of third party contracts.
The departure/arrival time can change because of technical issues during the actual works of the ship. Evenso variations to the ship’s route are to be considered as well as waiting on weather (i.e., adverse weather may lead delay or revised berth locations or transport route.
The Vessel Operator, or the captain always reserves the right to change the place of departure and the place of arrival if necessary to the Works of its Vessel. Cabinpick.com takes no responsibility for any passenger’s subsequent loss of time, damage control, or financial loss that is caused by the above-mentioned changes of the Vessel Voyage plan.
Guests are expected to familiarize themselves with Cabinpick’s and Vessels Policies (i.e., Safety and/or Security, or any other policies that may apply) and get in touch with Vessels crew via the Site if they have any questions before check-in. The Vessel Operator will prepare each cabin for check-in and can assist to help with arrival for the berth location. Each confirmation email states contact information for Cabinpick, should Passengers need it.
It is your own responsibility to timely board the Vessel. Any delay or cannot be claimed and the vessel will depart without you. The works of the vessel always takes priority. See cancellation above.
Conduct onboard Vessels
Unruly, disruptive and destructive behavior and criminal activity is prohibited. Passengers in a Ships cabin should be aware that if loud music is played or the like, and the crew is in complain they may be immediately removed from the Ship regardless of the time, day or night.
By granting, you (as guest, or visitor) onboard permission to board the vessel as per agreed request and offer by vessel operator in any at port, you shall full indemnify and hold harmless the Owner, their Ship Managers, Operators, Servants or Agents against any and all losses, expenses, penalties fines, claims and liabilities which may be imposed or made by any Customs, Immigrations, Health or other Authority, or by other persons, as well as any common law action, which may arise out of the negligent acts or omissions of the below name person whilst such person is on board the vessel.
Furthermore, you hereby agree that the said visit shall be undertaken at your own risk absolutely and that you and your co-guests as per final agreed booking shall be no responsibility whatever for medical or funeral expenses on my account or for personal injury illness loss of or damage to effects or loss of life or for any other loss or claim on my account whatsoever and whether arising from the negligence of yourselves or your co-guests as per the final agreed booking or from defects in the vessel or her appurtenances or otherwise and you hereby agree to make no claim to salvage and hold you harmless and indemnified against any actions to recover damages expenses or salvage in aforesaid and against any cost charges that you may be put to in resisting the same.
Weapons & Drugs (or Medication)
Weapons of any kind are not allowed on Ships. This includes, but is not limited to: standard firearms, air guns, deterrent devices such as tasers or pepper spray, ammunition of any kind, and imitation firearms.
It is strictly forbidden to bring drugs and/or narcotics on board. Authorities may come on board anytime to exercise control. If they find out that you have drugs with you on board, you will have to leave the ship immediately and you will be reported to the police. Furthermore you have to pay all costs for the delaying the ship. Shipboard medication reporting policies relevant to Passengers health may need to be reported to Ships’s crew on embarkation.
Vessel Access, Embarkation, De-embarkation (Berth locations)
Cabinpick cabins are offered for rent on the Site during a period indicated by the Ship’s. Access may be berth access or as directed by Ships crew and Passengers receive crew instructions. However, Passengers are advised to follow the right instructions using the Ships Crew Instructions, or where relevant information on the Site, in addition to geo-locations for accessing the right Ship. Consequently, Ships may be delayed for several hours or days, encounter weather conditions during a voyage. In the unlikely event that a Passenger is unable to embark on the planned departure date, the Passenger will be subject to the cancelation policy. However, Cabinpick will not be held responsible for any losses, additional expenses or penalties incurred as a result of being unable to embark at or leave a Ship on time due to a its scope. Passenger delayed when on a voyage, or due to weather delay or any other issues related to the Ships primary work scope may be later at the arrival location. Passengers are reminded to ensure that they are suitably prepared and equipped for accessing the Ship berth location likely for the right embarkation to the Ship. We advise against cargo ship travel if you have fixed date commitments to meet and we strongly recommend purchase of cancellation insurance in the event you are unable to travel on a delayed or changed voyage.
Giftcard
How long is your gift voucher valid for? Gift vouchers have a validity period of 2 years, and are stated on the voucher. There is an issue date specified but no expiration date is mentioned, you have a minimum of 5 years to redeem it.
Your information
Your Information is any information You provide, publish or display ("post") to the Site or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Service. You are solely responsible for Your Information and Your interactions with other people in the public, and we act only as a passive conduit for Your online posting of Your Information. When You use Cabinpick.com, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and update Your Information to keep it accurate, current and complete. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services. You also agree to uphold and maintain Our Privacy Policy and to the terms and conditions thereof. You may read a full description of our Privacy Policy contained at http://www.cabinpick.com/privacy.
Restricted activities
You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in cabinpick if You have misused the Site or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. (i.) With respect to Your participation on the Site or through the Services, You agree that You will not: (a) Impersonate any person or entity; (b) "Stalk" or otherwise harass any person; (c) Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the Service; (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other web site for any purpose; (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so; or (l) use the Services in connection with any commercial endeavors whatsoever without the express prior written consent of Cabinpick. (ii.) You further agree that Your Information and Your interactions on the Site shall not: (a) be false, inaccurate or misleading;(b) infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in Your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) create liability for us; and (j) link directly or indirectly to any other websites. You further agree that You will not transfer, use, or sell Your Cabinpick.com account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.
Proprietary rights
You warrant and represent to Us that Your Information is posted by You and that You are the sole author of Your Information. To enable Cabinpick to use Your Information without violating any rights You might have in such information, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your Information and Your Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to Your Information. Cabinpick will only use Your Information and Content in accordance with our Privacy Policy. You may remove Your Content or Your Information from the Site at any time. If You choose to remove Your Content or Your Information, the license granted above will automatically expire, however you acknowledge that Cabinpick may retain archived copies of Your Content. Cabinpick does not assert any ownership over Your Content; rather, as between Us and You, subject to the rights granted to us in these Terms of Service, You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. In addition, other Participants may post copyrighted information on the Site, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of other Participants on the Site.
Information control
We cannot verify or guarantee the accuracy of the information Users provide us on the Site, and we do not control the information provided by other Users that is made available through our system. Therefore, Cabinpick cannot and does not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, You agree to accept such risks and Cabinpick is not responsible for the acts or omissions of users on the Site. In order to help You evaluate with whom You are dealing. We also encourage You to communicate directly with each potential Vessel Operator prior to engaging in an arranged the service.
Failure to provide us with accurate information will be treated as a material breach of these Terms. As such Vessel Operators and Guests are required to provide accurate information associated with their type of ID, or Vessel ID, where rwquired in order to connect and allowed for embarkation as provided in above clause marked with *.
Intellectual property
All intellectual property rights on the Site and in the Service shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in this website are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of Cabinpick. Cabinpick shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
Copyright complaints and copyright agent
Cabinpick.com respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Cabinpick.com (supPORT@cabinpick.com)
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Cabinpick.com to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Online content disclaimer
Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the service and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to participants. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the service. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the service and in Your private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Other disclaimers
We, our subsidiaries, officers, directors, employees and our suppliers provide the Site and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Site and/or the Services. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Service will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Service will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by Cabinpick.com, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Site or in connection with any Content. Cabinpick is not responsible for the conduct, whether online or offline, of any user of the Site or Service. It also is possible for others to obtain personal information about You due to Your use of the Site or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Site or through the Services. You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Site or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers"). Cabinpick.com only offers an onboard accommodation cabin that enables Passengers and Ships (Vessel Operators) to match with each other. Cabinpick.com itself does not offer the Trip (VOYAGING) services and Cabinpick is not a VOYAGING company by itself. We are not involved in the actual Trip service between Vessel Operators and Passengers. As a result, we have no control over the quality or safety of any Ship or of the VOYAGING that occurs as a result of this share onboard accommodation service; nor do we have any control over the truth or accuracy of the of Participants' information listed on Cabinpick.com. We cannot ensure that a Vessel Owners and/or Operators is who he or she claims to be or that a Vessel Owners and/or Operators will actually complete an arranged service. Cabinpick does not verify the status of the Master’s (or Captain’s) license, review the sailing record, or review the criminal record of any crewmember, or Shipping Company. Cabinpick does not verify the status or sufficiency of any Ship insurance coverage maintained by a Vessel or Shipping Company or applicable to the Ship being utilized. We reserve the right to change any and all Content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Cabinpick.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Cabinpick assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Cabinpick is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.
In consideration of your granting, permission to board a ship at port or any other location. Passengers. Passengers shall full indemnify and hold harmless the Owner, their Ship Managers, Operators, Servants or Agents against any and all losses, expenses, penalties fines, claims and liabilities which may be imposed or made by any Customs, Immigrations, Health or other Authority, or by other persons, as well as any common law action, which may arise out of the negligent acts or omissions of the below name person whilst such person is on board the vessel.
Furthermore, Guests agree that the onboard stay shall be undertaken at own risk absolutely and that guests and your servants and Agents shall be no responsibility whatever for medical or funeral expenses on Vessel Operator account or for personal injury illness loss of or damage to effects or loss of life or for any other loss or claim on my account whatsoever and whether arising from the negligence of guests or your servants or Agents or from defects in the vessel or her appurtenances or otherwise and hereby agree to make no claim to salvage and hold you harmless and indemnified against any actions to recover damages expenses or salvage in aforesaid and against any cost charges that may be put to in resisting the same. Insurance to cover for this may be procured from Site.
Limitation of liability
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS SCREEN THE PARTICIPANTS USING THE SERVICE IN ANY WAY. AS A RESULT, NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF THE SITE OR THE SERVICES, OR INTRODUCED TO YOU VIA THE SITE OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERING ORGANIZATIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO €100. CERTAIN COUNTRY LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Complaints
To resolve a complaint regarding the Service, You should first contact the Vessel Operator as party. Cabinpick is always willing to mediate solutions via our Customer Service Department by email at supPORT@cabinpick.com.
Price
We do not accept any liability for any possible damage as a result of price and time changes. These may involve the costs of connecting transportation that cannot be caught due to a time change from vessel operators.
Release
In the event that You have a dispute with one or more Users, You agree to release Cabinpick.com (and our officers, directors, agents, subsidiaries, joint ventures, Partnering Organizations and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Site or the Services.
Breach
Without limiting other remedies, we may terminate Your Participation, remove Your Information, warn our community of Your actions, issue a warning, and refuse to provide our services to You if: (a) You breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information You provide to us; (c) we believe that Your actions may cause financial loss or legal liability for You, our users or us; or (d) if we suspect that You have engaged in fraudulent activity in connection with the Site or the Services.
Resolution of disputes and legal claims
You and We agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in The Netherlands. The arbitration shall be conducted by the Dutch Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by You related in any way to the Site and/or the Service (including Your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
Privacy
We do not sell or rent Your Information to third parties for their marketing purposes without Your explicit consent and we only use Your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that You and Your information is one of our most important assets. We store and process Your information on computers located in the The Netherland that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. You may review our current Privacy Policy at Privacy Policy. If You object to Your Information being transferred or used in this way, please do not use or access our Services.
Appointment of Cabinpick as Payment Agent
The Vessel Operator hereby grants Cabinpick the power of attorney to act on behalf and at the expense and risk of the Vessel Operator by entering into or establishing agreements for the use of a vessel operated or owned by Vessel Operator between Vessel Operator and one or more guests.
The power of attorney granted by the Vessel Operator to Cabinpick, as stated above for Cabinpick as platform, also extends to the authority for Cabinpick to collect payment for the services rendered from the guest on behalf of Vessel Operator. Disbursement of the travel amounts collected by Cabinpick on behalf of Vessel Operator] shall be carried out in accordance with the provisions stated in Article above the Payment terms.
Each Vessel Operator hereby appoints Cabinpick as the VO’s limited agent solely for the purpose of collecting payments made by Customers on behalf of the Vessel Operator and forwarding such payments to Vessel Operator, minus the applicable Service Fees. Each Vessel Operator agrees that payment of a booking made by a Customer to Cabinpick shall be considered the same as a payment made directly to the Vessel Operator and the Vessel Operator will make the vessel’s cabin (or anything that is offered from the vessel as agreed to the Customer) in the agreed upon manner as if the Vessel Operator has received the price of offering. Each Vessel Operator agrees that Cabinpick may refund to the Customer that portion of the price of offering specified in accordance with cancellation policy. In accepting appointment as the limited authorised agent of the Vessel Operator, Cabinpick assumes no liability for any acts or omissions of the Vessel Operator.
No agency
Guests, Vessel Operators and Cabinpick are all independent and as such no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
The Site provides users with an opportunity to open a communication channel with us via e-mail. If you choose to use these features, you grant us permission to communicate with you by e-mail for any purposes related to your use of the Site, including for any disclosures, system messages and other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.
You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
Cabinpick e-mail communications
E-mail communications sent from Us or through Us are designed to make Your Cabinpick experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails informing You about potential available Ships or Users and e-mails informing You of promotions we run and emails informing You of new and existing features We provide. If You do not wish to receive any of our e-mail communications please do not use the Service.
General
This Agreement shall be governed by the laws of the The Netherlands without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Cabinpick International BV in our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.