General terms and conditions of use of Océans Evasion 1. Acceptance of the general terms and conditions of use This website, www.oceans-evasion.com (hereinafter the “Website”) is operated by Clickandboat (hereinafter “CLICK&BOAT”), which makes it available to users, i.e. anybody who visits the Website (hereinafter the “User(s)”). Use of the Website is subject to these general terms and conditions of use (hereinafter the “GTCU”). By accessing the Website and continuing to browse, the User agrees to comply with the GTCU. The User must read these GTCU carefully before browsing the Website. CLICK&BOAT reserves the right to amend the GTCU at any time. Any amendments shall take effect at the time of their publication on the Website. The User shall be bound by the most recent version of the GTCU. Users are therefore advised to read the GTCU regularly so that they have the most up-to-date information possible and are aware of any change that may concern them. 2. Purpose of the Website The Website is a search engine on which Users can search for boats advertised on the Website for leasing worldwide. 3. Use of the Website On the home page of the Website, the User can enter details concerning his search for a boat. The User must indicate the boat’s rental location, the rental start and end dates and the desired boat type. When the criteria are confirmed, the User is directed to a new page, which offers him a list of boats available for leasing based on the criteria chosen. On this page, Users can reconfigure or refine their search. By clicking on a boat advertisement, the User can view information about the selected boat and its owner. If the advertisement matches the User’s expectations, he may request a quote by clicking on the dedicated button and completing the quote request form. On this form, the User can provide certain details concerning the reservation of the boat, by adding all the relevant information in the "additional information" field (in particular concerning the boat’s crew or equipment). A boat whose advertisement has been selected is then reserved on our partner website www.clickandboat.com (hereinafter the "CLICK&BOAT Website"). 4. Partner websites The Website is a partner of the CLICK&BOAT Website. When the User requests a quote, they are directed to the CLICK&BOAT Website on which they can view their quote, obtain answers to their questions, obtain assistance and finalise their booking if they so wish. To be able to finalise the reservation of the selected boat, the User must create an account or login on the CLICK&BOAT Website. Once the User is on the CLICK&BOAT Website, the general terms and conditions of use of the CLICK&BOAT Website apply, to the exclusion of any other and in particular these GTCU, which do not apply to the use of the CLICK&BOAT Website. 5. Obligations of the parties 5.1. Obligations of the User The User undertakes to: - use the Website in accordance with these GTCU and the laws in force; - provide truthful, lawful, objective information that complies with the applicable laws (insults, incitement to hatred, racism, etc.); - act in good faith when using the Website; - use the Website for personal use and not for commercial use. 5.2. Obligations of CLICK&BOAT CLICK&BOAT shall endeavour to: - operate the Website in accordance with Article 6 below; - respond to Users’ questions/complaints as soon as possible. 6. Website availability CLICK&BOAT shall endeavour to ensure that the Website is available 24/7, without interruptions other than those required for maintenance purposes. 7. Limited liability CLICK&BOAT is not liable for indirect damage, damage resulting from a force majeure event within the meaning of Article 1218 of the French Civil Code, damage that would not have been caused by the breach of its obligations arising from the GTCU, or its legal obligations. 8. Hyperlinks The Website may include links to other websites or other internet sources (such as social networks). With the exception of the CLICK&BOAT Website, CLICK&BOAT does not have control over the websites and/or resources to which the Website may link. As a result, CLICK&BOAT cannot be held responsible for the provision of these sites and external sources and declines all responsibility regarding the content, advertising, products, services and any other items available on them. These GTCU do not apply to the use of these websites or third-party resources that the User accesses via the Website. 9. Intellectual property The “oceans-evasion by click & boat” trademark as well as the other CLICK&BOAT trademarks, and also the trademarks belonging to third party partners over which CLICK&BOAT holds rights of use are registered trademarks and remain the sole property of either CLICK&BOAT or these partners. Accordingly, CLICK&BOAT and its partners do not grant any licences or rights whatsoever to the Users. CLICK&BOAT holds the intellectual property rights relating to the Website, and to the software, ergonomics, layout, graphics, logo and design of the Website in particular. The User must not infringe the intellectual property rights held by CLICK&BOAT in any way whatsoever. Browsing the Website does not grant any right to use the photos shown on the Website, and in particular the photos of boats included in the advertisements. These photos are not free of rights. The User shall refrain from copying, capturing, recording, downloading, saving, capturing, retaining or using the photos of the Website in any form whatsoever for a reason unrelated to the search on the Website for a boat to lease for his personal use. The User may not in any way use or publish the photos of the boats that appear in the advertisements for purposes other than that of its own search archiving. Any commercial use of these photos is prohibited. 10. Autonomy of clauses and severability If one or more provisions of the GTCU are declared null and void pursuant to a law, a regulation or following a final decision by a competent court, the other provisions shall remain in full force and scope to the extent permitted by said decision. 11. Data protection The Website collects a very limited selection of personal data. For more information on the personal data processing policy, Users are invited to read the privacy policy here. 12. Applicable law and dispute resolution The GTCU are governed by and interpreted in accordance with French law. If the User is a consumer in a country other than France, he/she may avail himself/herself of the mandatory provisions of the law of the country in which he/she resides. If the User has a complaint regarding his navigation on the Website, he should contact CLICK&BOAT by using our contact form in our Help Center on the CLICK&BOAT website. CLICK&BOAT will attempt to resolve the problem amicably. However, if this is unsuccessful, the dispute shall be referred to the courts within the jurisdiction of the Paris Court of Appeal. However, if the User is a consumer, he/she may refer the matter to the jurisdiction of his/her home or that of the place where the damaging event occurred.