Terms & Conditions
1. Introduction
The Charterwerk platform is operated by Pevalon Platforms GmbH, City Tower, Etage 6, Brückenkopfgasse 1, 8010 Graz, Österreich ("Charterwerk", "we"), an Austrian private limited company (GmbH) registered in Austria. It enables charterers ("you") to compare and book offers from professional fleet operators and selected partners ("Operators"). Charterwerk itself does not become a party to the charter contract; the charter agreement is exclusively between you and the Operator.
2. Scope
These Terms govern all usage relationships between Charterwerk and platform users. Diverging conditions only apply if expressly confirmed in writing. Operators’ terms remain unaffected and apply in addition to the specific charter contract.
3. Accounts & eligibility
- Registration is limited to natural persons of legal age and full legal capacity.
- You agree to provide accurate information and keep it up to date.
- You are responsible for safeguarding your access credentials and for activities carried out under your account.
- We may suspend or delete accounts if justified reasons exist (e.g. fraud prevention or legal violations).
4. Role of Charterwerk
- Charterwerk provides the technical infrastructure for presenting offers, triggering enquiries, and managing bookings.
- We vet Operators before onboarding (agreements with MMK Systems d.o.o. and other suppliers) but do not guarantee their performance.
- In case of disputes we support as an intermediary, yet are not obligated to perform or guarantee the charter service.
5. Booking process
Operators may stipulate additional requirements (skipper licence, onboard cash, security deposit). These form part of the charter contract.
- You choose yacht, period, crew size, and extras, then submit a booking request.
- Depending on the offer, a deposit or full payment becomes due immediately. Operators verify availability only after payment has been received.
- A booking is considered confirmed once you receive written confirmation (email/account). Until then the offer may be withdrawn at any time.
6. Prices, fees & payments
- All prices are provided by the Operator in their currency. Unless stated otherwise they include the charter price and standard equipment.
- Card payments are processed via Stripe Payments Europe Ltd. (Stripe Connect). Funds are paid directly to the Operator’s connected account. Charterwerk is not Merchant of Record and acts solely as an intermediary.
- For offers without Stripe Connect, Charterwerk may charge a non‑refundable booking fee to arrange the Operator hold and administrative processing. The charter balance remains payable directly to the Operator under their terms.
- If the Operator does not receive the charter balance on time, the Operator may cancel the charter. The booking fee remains due and is not refunded; any refunds of charter amounts follow the Operator’s policy. The booking fee is refunded only if (a) the Operator cannot accept the booking and no hold was placed, (b) Charterwerk cancels for reasons within its control, or (c) a refund is required by mandatory consumer law.
- For bank transfers, follow the timelines in the payment instructions. Bank charges and FX costs are borne by the charterer. Security deposits are collected by the Operator at check‑in.
13. Governing law & venue
These Terms and any non‑contractual obligations are governed by Austrian law, excluding conflict‑of‑law rules and the UN CISG. For consumers within the meaning of the Austrian Consumer Protection Act (KSchG), mandatory consumer protection provisions remain unaffected. Place of jurisdiction is Graz, Austria, unless mandatory local jurisdiction for consumers applies.
14. Online dispute resolution
The European Commission provides an Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution before a consumer arbitration board; we are generally willing to participate on a case‑by‑case basis.
7. Operator performance & charterer duties
- The Operator provides a seaworthy vessel matching the stated specifications with valid insurance and licences.
- You ensure required skipper licences, crew lists, travel documents, and compliance with local regulations (harbour dues, environmental rules, etc.).
- Damage, incidents, or late returns must be reported to the Operator without delay. Resulting costs are borne by the charterer.
8. Rebooking, cancellation & refunds
- The cancellation policy shown in the offer (often aligned with MMK standards) is decisive. If none is stated, the Operator’s general terms apply.
- Changes require the Operator’s consent. Additional costs are communicated before execution.
- Refunds are processed through the original payment method once released. Banking timelines may take up to 10 business days.
- Charterwerk may cancel bookings if payments fail, fraud is suspected, or an Operator cannot perform. In such cases any payments made via Charterwerk are refunded.
9. Insurance & security deposits
Operators are responsible for statutory liability and hull insurance. Charterers may purchase additional insurance (skipper liability, trip cancellation, deposit insurance) from third parties. Security deposits remain with the Operator and are released according to their conditions after the cruise.
10. Warranty & liability
- Charterwerk is fully liable for intent, gross negligence, and for injury to life, body, or health.
- For slight negligence of essential contractual duties, liability is limited to foreseeable, contract-typical damage.
- Otherwise liability is excluded. Charterwerk is not liable for weather, harbour or authority decisions, Operator performance issues, or third-party services.
- Mandatory consumer rights remain unaffected.
11. Intellectual property
All content, logos, designs, and databases on Charterwerk are protected by copyright or trademark law. Any use beyond the intended platform experience requires prior written consent.
12. Notice & remedy (DSA)
Reports about unlawful content or behaviour can be sent to behoerden@charterwerk.de. Charterwerk promptly reviews incoming notices, performs plausibility checks, and takes appropriate measures under the Digital Services Act (DSA). Authority requests are handled via the same contact.
13. Changes to the platform and these Terms
We may adjust platform features, interfaces, and layout at any time. Changes to these Terms are announced with reasonable notice. If you do not object within 30 days, the changes are deemed accepted. Material changes are communicated via email or in-app notifications.
14. Governing law & dispute resolution
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For merchants and legal entities of private law, Berlin is the exclusive venue. Consumers may sue under the mandatory rules of their country of residence. Charterwerk does not participate in consumer arbitration (VSBG).
15. Contact
Charterwerk
City Tower, Etage 6, Brückenkopfgasse 1, 8010 Graz, Österreich
Email: info@charterwerk.de
Support: support@charterwerk.de
Regulatory contact: behoerden@charterwerk.de