General Terms of Use and Brokerage Services

These General Terms set out the rules for using the CharterNavi website and for the agency (brokerage) services provided by NORINOHI Sp. z o.o. in finding, arranging and managing vessel bookings with independent charter operators. The terms of the charter itself are governed by a separate agreement with the relevant Operator.

§1. Company, definitions and scope

1.1. The owner and administrator of the website https://www.charternavi.com, and the provider of the intermediary services described in these Terms, is NORINOHI Spółka z ograniczoną odpowiedzialnością (NORINOHI Sp. z o.o.), plac Wolności 2/215, 35-073 Rzeszów, Polska; KRS: 0000986517; NIP: 8133882807; REGON: 522791109 (the “Agent”, “NORINOHI” or “CharterNavi”). CharterNavi is a trading name, not a separate legal entity.

1.2. “Website” means the CharterNavi website and the search, quotation request and, where implemented, online booking functions available on it. “Client” means a person who makes an enquiry about a booking, acting in their own name or duly authorised to act on behalf of others. “Consumer” means a person who has that status under the applicable law. “Operator” means an independent vessel owner, charter company, fleet manager or other proper provider of the charter service.

1.3. “Brokerage Agreement” means the relationship between the Client and NORINOHI concerning agency support for a booking. “Charter Agreement” means the agreement between the Client and the relevant Operator, the direct provider of the use of the vessel. “Booking Confirmation” means written or electronic confirmation of a specific booking by the Operator, communicated to the Client directly or through the Agent.

1.4. These Terms apply to the use of the Website and to NORINOHI's agency services. They do not replace the terms of the Charter Agreement. A specific booking is also subject to the Operator's special terms provided in advance, the Booking Confirmation and any individually agreed arrangements. Where an individually agreed term conflicts with a general provision, the individual term prevails to the extent permitted by law.

1.5. Before a paid contract is concluded, the Client is given the opportunity to obtain these Terms in a form that allows them to be stored and reproduced. The mandatory information on the price, the parties to the contract, payments, cancellation and the characteristics of the vessel is provided before a paid order is placed.

§2. Use of the Website and electronic services

2.1. Through the Website, NORINOHI provides information on Operators' offers, search and filtering functions, and the ability to send an enquiry, receive a quotation, exchange messages and, where the relevant functionality is available, initiate a booking and payment.

2.2. Use of the Website requires a device with Internet access, an up-to-date browser, support for the necessary security protocols and an email address for confirmations. Some functions may require JavaScript to be enabled, and any additional technical requirements are shown directly in the relevant form.

2.3. The user must provide accurate information, must not infringe the rights of others, must not send unlawful or harmful content, must not interfere with the operation of the Website, and must not carry out unauthorised automated data collection, bulk copying of the catalogue or circumvention of technical protection measures.

2.4. Sending an enquiry, adding a vessel to a favourites list, receiving an automatic notification or seeing a price displayed on the Website does not in itself mean that a Charter Agreement has been concluded or that the vessel's availability is guaranteed. A user who has an account is responsible for keeping their access credentials confidential and for reporting any compromise of them promptly.

2.5. Free use of the publicly available information functions may be ended by ceasing to use the Website. For an account, where such functionality exists, the closure procedure is communicated in the interface or through customer support. The rules on electronic services apply in accordance with Polish law on the provision of services by electronic means.

§3. Intermediary status and allocation of responsibility

3.1. NORINOHI Sp. z o.o., trading under the name CharterNavi (the “Agent”), provides intermediary services for the booking of yachts, catamarans, motor vessels and other craft offered by independent vessel owners, charter companies and operators (each an “Operator”).

3.2. The Agent assists in the choice of vessel, passes to the Client information on offers, availability, prices and charter terms, organises the booking process, handles communication between the Client and the Operator, accepts payments within the scope of its authority and administers refunds.

3.3. Unless expressly provided otherwise in a separate agreement, the charter agreement itself is concluded between the Client and the relevant Operator. NORINOHI Sp. z o.o. is not the owner, shipowner or operator of the vessels offered.

3.4. The Operator is solely responsible for performing its own obligations under the charter agreement, in particular for the technical condition, seaworthiness, equipment, preparation, handover and return of the vessel, its insurance cover and other matters relating to the direct performance of the charter service.

3.5. NORINOHI Sp. z o.o. accepts no liability for the Operator's own acts, omissions or breaches in performing the charter agreement. This provision does not limit the Agent's liability for its own obligations or in cases where such liability is expressly imposed by mandatory provisions of the applicable law.

3.6. Information on the characteristics and availability of vessels, their equipment and charter terms is compiled mainly from data received from Operators. The Agent is responsible for the proper performance of its own information and intermediary duties within the limits of the applicable law.

§4. Offers, booking and booking confirmation

4.1. Search and selection. Information on vessels, photographs, descriptions, availability, itinerary and base price may come from Operators and their booking systems, including the Booking Manager and Nausys integrations. Until the booking is confirmed, this information may change or turn out to be out of date; the Agent checks the essential terms with due professional care.

4.2. Enquiry. The Client provides the start and end dates of the charter, the pick-up location of the vessel, the crew composition and other information needed to find a suitable vessel. A Client acting on behalf of others must be duly authorised to make the booking and to pass on the necessary information.

4.3. Preliminary offer. NORINOHI communicates the vessel's characteristics as available at the time of the check, the identity of the Operator, the total or estimated price, mandatory extras, the payment arrangements, the security deposit, restrictions and cancellation terms. A preliminary offer is not an unconditional commitment to provide the vessel without the Operator's confirmation.

4.4. Before confirming a paid order, the Client has the opportunity to check the essential details, correct any data entered and read these Terms and the applicable Operator terms. Where the booking is made through the website, the paid confirmation button must clearly indicate an obligation to pay wherever such an obligation arises.

4.5. A booking is deemed confirmed only once the Operator's confirmation has been received and communicated to the Client, and the conditions set out in the specific offer have been met, in particular timely payment where payment is a condition of confirmation. An automatic acknowledgement of receipt of an enquiry is not a confirmation of the charter.

4.6. After confirmation, the Client receives by email or another agreed durable medium the booking details and the relevant agreements/terms: the vessel or fleet identification details, the Operator, the place and time of check-in/check-out, the price, the payment schedule, the cancellation terms and a contact for operational matters.

4.7. If the Operator has not confirmed availability, or has proposed another vessel or amended terms, NORINOHI informs the Client and agrees the next step with them. A change of vessel, period or price is not deemed accepted merely because an alternative offer has been sent.

4.8. Order of precedence of documents, to the extent permitted by law: (a) individually agreed terms and the confirmation of the specific booking; (b) the relevant Operator's charter agreement and special terms; (c) these General Terms in respect of the agency services. The provisions of one agreement do not automatically change the roles of the parties under another agreement.

§5. Payments and settlements through the Agent

5.1. NORINOHI Sp. z o.o. may accept payments from Clients for bookings and charter services as an authorised agent of the relevant Operator on the basis of the agency arrangements in force.

5.2. Within the scope of that authority, a payment duly made by the Client to NORINOHI Sp. z o.o. is deemed to discharge the corresponding payment obligation towards the Operator.

5.3. The Agent issues and provides to the Client payment confirmations, invoices and other appropriate documents within the scope of its authority and in accordance with the applicable tax law. The provider of the charter service is identified in the relevant contractual documents.

5.4. NORINOHI Sp. z o.o. settles accounts with Operators in accordance with the agreements concluded with them.

5.5. If a booking is cancelled or changed, the Agent administers refunds in accordance with the applicable Operator terms, the authority granted and mandatory legal requirements.

5.6. Acceptance of a payment by the Agent does not in itself mean that NORINOHI Sp. z o.o. is the direct provider of the charter service.

5.7. The payment method (bank transfer, payment card or another available method), payment details, currency, payment schedule, crediting times and any confirmed charges are stated in the specific offer or in the payment instructions. The Client must use only payment details received through official, verified channels.

5.8. Partial or late payment may result in the loss of the booking or in the application of the Operator's cancellation terms, provided that the Client was duly informed of the relevant deadlines and consequences. The Agent reports any material changes in the status of a payment or booking known to it without undue delay.

5.9. Refunds are made through a permitted payment channel, usually to the original payment method, once the amount refundable under the contract and the law has been determined. NORINOHI does not promise a fixed time for receipt of funds that it does not control, but performs its own refund obligations within the applicable time limits. Reverse currency conversion and third-party bank charges are governed by the terms of the relevant payment provider and by law.

§6. Prices, taxes, currency and additional charges

6.1. The Website may display an indicative price, or a price current at the time of the enquiry, provided by the Operator. Before paid confirmation, the Client is informed of the full price of the booking, including applicable taxes and all known mandatory charges or, where a specific amount cannot be determined in advance, a clear method of calculating it.

6.2. The following are stated separately and before the order is placed, where applicable: final cleaning, bed linen, transit log, mandatory service package, local fees, paid options, skipper's fee, one-way fees, marina services, insurance charges and the security deposit. Optional extras are not included automatically without being properly selected/agreed.

6.3. Costs that depend on actual consumption or the itinerary (for example fuel, berths in other marinas, food, port fees) are shown separately as not included where the Operator's terms so provide. An indicative amount may be given for information where it can reasonably be estimated.

6.4. The charging currency and the contract currency are set out in the payment offer. Where the Website shows an equivalent in another currency, the final exchange rate and any conversion fees depend on the agreed payment mechanism. Once the booking has been confirmed, the price is not changed unilaterally without a proper contractual and legal basis.

6.5. Discounts, promo codes, limited-time offers and personal agency discounts apply only on the stated terms. Where the Operator restricts the combination of discounts or the availability of a particular price, NORINOHI communicates this before confirmation.

6.6. Any separate paid brokerage or administrative service of NORINOHI and its price are communicated to the Client before they are agreed. The absence of a separate reference to such a fee does not automatically give rise to any additional obligation on the Client.

§7. Security deposit, excess and insurance

7.1. The security deposit is a possible form of security for the Client's obligations towards the Operator under the Charter Agreement, distinct from the advance payment of the charter fee. Its amount, method of payment, recipient, the possibility of a pre-authorisation on a card and the conditions for its return are determined by the Operator and communicated before booking.

7.2. The deposit may be paid or pre-authorised directly with the Operator/marina or another authorised provider. Where NORINOHI is involved in handling it, its authority and role are confirmed in separate payment terms; intermediation in itself does not mean that the Agent holds the deposit or guarantees its return.

7.3. A decision to withhold funds for damage, missing equipment, breach of contract or other grounds provided for in the charter falls within the Operator's responsibility under its agreement and the applicable law. NORINOHI may pass on documents and communications, but does not act as an independent arbitrator and does not confirm that every deduction is justified without a separate review.

7.4. The Client is advised to take part in check-in/check-out, to inspect the condition of the vessel, its inventory and any existing damage, and to record these in photographs and in the handover reports. The absence of a report does not in itself alter mandatory statutory rights, but may make it harder to establish the facts.

7.5. Hull insurance, liability insurance, excess insurance, cancellation insurance and personal insurance are different products with separate terms. Having insurance does not mean that the Client is fully released from the excess, exclusions or other obligations. NORINOHI does not act as an insurer unless expressly stated otherwise and confirmed by proper authority.

§8. Cancellation and changes to a booking

8.1. The terms for cancellation, changes of dates, change of vessel and refunds are set by the relevant Operator.

8.2. Before the booking is confirmed and payment is made, the Client is given the opportunity to read the specific Operator's cancellation terms.

8.3. The amount retained depends on the Operator's rules, the time remaining before the start of the charter, the rate conditions and other agreed booking terms.

8.4. NORINOHI Sp. z o.o. does not set universal cancellation charges on behalf of all Operators.

8.5. A request to cancel or change a booking is submitted through the Agent via the designated communication channels. The date of receipt of the request is the date on which it actually reaches the Agent. The consequences of cancellation are determined by the applicable Operator terms and the law.

8.6. If the Operator cancels the charter or is unable to perform its obligations, the refund of the charter price and the other consequences provided for in the agreement are determined by the Operator's terms and the applicable law. The Agent coordinates communication and the processing of refunds within the scope of its authority.

8.7. Changes to the number of participants, crew composition, port, date, vessel or additional services are possible subject to the Operator's confirmation and may affect the price. A change request does not guarantee that the change will be accepted; until the change is confirmed, the agreed terms continue to apply.

An illustrative example of terms that some operators set (not a universal CharterNavi tariff):

This example is for information only. A specific booking is governed solely by the confirmed policy of the relevant Operator and mandatory legal requirements.

§9. Obligations of the Client and crew members

9.1. The Client must provide accurate booking details, keep to the payment schedule, submit crew documents in good time and report any material changes. Incomplete or incorrect information may affect the confirmation of the booking, the issue of documents or admission to the charter.

9.2. The Client is responsible for checking that they hold the necessary passports, visas, entry permits, skipper qualifications, radio certificates and other documents required by the country, flag, type of vessel and the Operator's terms. Any information on requirements passed on by the Agent does not replace an official decision of the competent authorities or the Operator.

9.3. The skipper and crew must comply with the applicable rules on safety and navigation, restrictions on the cruising area, and instructions on operation, alcohol consumption, the number of passengers and the return of the vessel, as laid down by law and in the Charter Agreement.

9.4. The Client must ensure that crew members are informed that their data must be provided and receive the relevant privacy notices; NORINOHI nonetheless performs its own obligations under data protection law independently.

9.5. A Client booking a vessel for a group confirms that they are authorised to pass organisational information to all participants and to coordinate their participation. This does not mean that each participant automatically waives the personal rights provided for by law or contract.

9.6. The Client is liable to the Operator for acts, damage, breaches or costs only within the limits of their Charter Agreement and the applicable law; NORINOHI does not impose any separate universal liability for the acts of the whole crew.

§10. Claims, complaints and liability

10.1. Claims relating to the technical condition of the vessel, its equipment, defects, cleanliness, the handover of the vessel, insured events, the conduct of the Operator's staff or other aspects of the direct performance of the charter agreement are to be addressed to the relevant Operator.

10.2. NORINOHI Sp. z o.o. may facilitate communication between the Client and the Operator and forward claims received to the proper addressee. Such assistance does not in itself mean that the Agent accepts liability for the Operator's breaches.

10.3. The Client is advised to report any shortcomings in the charter service without undue delay after discovering them and, where possible, to record them in the vessel handover documents, in photographs or in written notices.

10.4. The recommended period for submitting a post-charter complaint through the Agent is 30 calendar days after the end of the charter. This period is organisational in nature and does not limit any rights or time limits for bringing claims that cannot be altered by contract.

10.5. Claims made directly against NORINOHI Sp. z o.o. may concern the improper performance of its own agency obligations, in particular errors in arranging the booking, improper transmission of information, and failings in communication and settlements for which the Agent is liable under the applicable law.

10.6. Claims against NORINOHI Sp. z o.o. concerning its own intermediary services are handled separately from claims concerning the Operator's performance of the charter agreement. NORINOHI responds to consumer complaints within 14 days of receiving them, unless specific legislation sets a different time limit. The response is given on paper or another durable medium; the consequences of failing to meet the time limit are determined by law.

10.7. NORINOHI Sp. z o.o. is not obliged to perform the Operator's obligations under the charter agreement itself, unless otherwise provided by a separate agreement or by mandatory provisions of the applicable law.

10.8. A complaint to NORINOHI may be submitted to office@norinohi.com or in writing to the address given in §1.1. It is recommended to state the booking number, the dates, a description of the event, the request and any available evidence. The absence of an optional attachment is not in itself a ground for refusing to accept the complaint.

10.9. Where a complaint is in fact addressed to the Operator, the Agent informs the Client of the proper addressee and, where possible, helps to pass on the information, without assuming authority to resolve the dispute on the Operator's behalf. The time limits and procedure for handling such a claim are determined by the Charter Agreement and the applicable law.

§11. Governing law and dispute resolution

11.1. These General Terms and the legal relationship concerning the brokerage services of NORINOHI Sp. z o.o. are governed by the law of the Republic of Poland.

11.2. Charter agreements between the Client and the Operator may be governed by another law in accordance with the terms of those agreements and the rules of private international law.

11.3. The choice of Polish law does not deprive consumers of the protection afforded by the mandatory provisions of the law applicable under the rules of private international law in force.

11.4. Disputes between NORINOHI Sp. z o.o. and the Client concerning its own agency services are resolved in accordance with the rules of the applicable jurisdiction. In B2B relationships, the jurisdiction of the competent court for NORINOHI's registered office may be agreed, where such an agreement is permitted by law.

11.5. Disputes concerning the direct performance of the charter agreement between the Client and the Operator are resolved in accordance with the terms of the relevant charter agreement and the applicable law.

11.6. A consumer may use the out-of-court dispute resolution mechanisms available under the applicable law. NORINOHI provides information on its mandatory participation in a specific procedure, or on its consent to a voluntary procedure, where such information is required by law. This clause does not impose mandatory arbitration on the consumer.

§12. Handover, use and return of the vessel

12.1. The time and place of collection and return of the vessel, the check-in/check-out procedure, the briefing, the permitted cruising area and restrictions are set by the Operator. The Client must read these terms before the start of the charter.

12.2. The Operator directly carries out the handover of the vessel, the inventory, the equipment check, the completion of reports, the collection of the deposit and the other steps provided for in the Charter Agreement, unless otherwise stated in the relevant documents.

12.3. If a defect, a delay in handover, missing equipment or other shortcomings are discovered, the Client first notifies the Operator's local representative and, if they wish, the Agent to help with communication. It is the Operator that determines the technical measures in accordance with the agreement and the law.

12.4. Matters of weather conditions, putting to sea, changes of itinerary, use of ports, rescue procedures and the vessel's fitness for use are decided by the responsible persons on site in accordance with maritime rules and the Operator's terms. NORINOHI does not exercise operational control over the vessel.

§13. Substitute vessel, delays, extraordinary circumstances and non-performance by the Operator

13.1. If, before the start of the charter, information emerges about the unavailability of the vessel, a change of base, a delay or another material circumstance, NORINOHI passes the information received from the Operator to the Client without undue delay and helps to agree possible solutions.

13.2. An alternative yacht, another date or another port may be offered only in line with the Operator's actual capacity; a material change to the agreed booking requires proper agreement in accordance with the contract and the law.

13.3. The consequences of storms, port restrictions, strikes, administrative bans, acts of war, the Operator's insolvency or other extraordinary circumstances are determined by the specific Charter Agreement and the applicable law. No reference to “force majeure” in itself releases any party from its obligations or from making refunds where the law provides otherwise.

13.4. The Agent does not guarantee the financial solvency of an independent Operator and is not automatically a guarantor of its obligations; at the same time, NORINOHI performs its own obligations regarding proper information, payment processing and other agency actions in accordance with the law.

§14. Additional services, skipper and recommendations

14.1. The services of a professional skipper, hostess, transfers, equipment and other optional extras, where offered in a specific booking, are provided by the relevant designated provider on its own terms. Before confirmation, the Client is informed who the provider is, the price and any material restrictions.

14.2. Information on the Website about itineraries, ports, weather, local sights, restaurants or recommended places is for reference only, unless a specific paid service has been expressly agreed. The Client and the persons responsible on board must themselves take account of current official navigational, safety and local requirements.

14.3. NORINOHI does not guarantee the availability of particular recommended venues, services or conditions on the date of travel. Publishing a link to a third-party website does not in itself make NORINOHI a party to a contract with that third-party provider.

§15. Personal data, crew list and documents

15.1. To arrange a booking and comply with the applicable requirements, information about the Client, the skipper and other crew members may be needed, in particular names, dates of birth, contact details, passport details and qualification documents. The specific scope is determined by necessity and the legal basis for the individual booking.

15.2. NORINOHI processes personal data in accordance with the CharterNavi Privacy Policy and the applicable law, including the GDPR. Data is transferred to Operators and competent authorities within the limits of the proper legal bases and authority.

15.3. Copies of passports and other documents should be sent only through agreed secure channels. The person organising the booking must help ensure that the crew is properly informed; this does not replace NORINOHI's own obligations to inform data subjects.

15.4. Consent to marketing communications or to non-essential cookies, where required, is given separately and is not a condition of the booking where it is not necessary for its performance.

§16. Website content, reviews and third-party resources

16.1. Texts, design elements, images, logos, databases and other material on the Website are protected by the applicable intellectual property law and may belong to NORINOHI or its licensors. Use of the Website does not transfer to the user any rights in such material beyond what the law permits.

16.2. The user may view and save material for personal lawful use. Commercial copying of the catalogue, reselling access to it, using the logo without permission and interfering with the booking systems are prohibited, except where permitted by mandatory law.

16.3. Where the Website allows reviews or other content to be posted, the user is responsible for the accuracy and lawfulness of what they publish; NORINOHI may restrict manifestly unlawful content and will apply the necessary notice and appeal procedures where these are required for the digital service actually provided.

16.4. Links to independent resources and services are for reference only. The terms of use and privacy policies of third-party resources are set by their owners.

§17. System protection and access restrictions

17.1. NORINOHI may apply proportionate technical measures to prevent fraud, unauthorised actions, bulk automated requests, security threats or breaches of the law. Such measures may not arbitrarily cancel statutory rights, valid confirmed bookings or the Agent's obligations.

17.2. Temporary unavailability of the Website due to maintenance, faults or external outages does not in itself alter any contracts concluded. In the event of problems accessing a confirmed booking, the Client may contact NORINOHI using the agreed contact details.

§18. Consumer's right of withdrawal from a distance contract

18.1. A consumer's right to withdraw from a contract concluded at a distance is determined by the applicable law and the nature of the specific contract. NORINOHI's Brokerage Agreement and the Charter Agreement with the Operator are assessed separately; the exception for leisure services on specific dates does not automatically extend to every agency service.

18.2. Where the law grants a right of withdrawal from the brokerage contract, NORINOHI informs the consumer, before the contract is concluded, of the procedure, time limit and form for exercising that right. If the consumer expressly requests that a paid agency service begin before the withdrawal period has expired, only the statutory consequences of that request and the rules on payment for the service actually provided apply.

18.3. Where a statutory exception to the right of withdrawal applies to a specific Charter Agreement or another service (in particular for certain leisure services with a specified date or period), the Client is informed that there is no such right before the relevant contract is concluded. This does not replace the Operator's special cancellation terms under §8.

18.4. NORINOHI does not treat mere acceptance of these Terms as an automatic waiver by the consumer of all rights of withdrawal and does not rely on any such statements without the necessary legal conditions being met.

§19. Changes to the Terms and individual arrangements

19.1. The current version of the Terms is published on the Website with its date. Changes may be introduced for legal, technical or organisational reasons, with proper notice in the cases provided for by law.

19.2. Changes to the Terms do not apply retrospectively to a confirmed booking to the Client's detriment without a proper legal or contractual basis. For a specific booking, the confirmation and the documents agreed as at the relevant date remain in force.

19.3. If any individual provision is invalid, the remaining provisions remain in force to the extent permitted by law. An invalid term is replaced by the corresponding rule of law, and not by a new obligation imposed unilaterally on the consumer.

§20. Enquiries and official notices

20.1. General enquiries about brokerage services, bookings and payments: office@norinohi.com. Postal address: NORINOHI Sp. z o.o., plac Wolności 2/215, 35-073 Rzeszów, Polska.

20.2. Operational notices concerning the confirmation, change or cancellation of a booking are sent by email or through another individually agreed written channel. The Agent may require reasonable proof of the authority of a person giving financial instructions or making a request concerning a booking.

20.3. Before changing payment details, the Client must verify the request through a known official channel. Messages that appear suspicious should not be acted upon without further verification.

§21. Final provisions

21.1. These Terms are the principal rules governing CharterNavi's electronic agency services, but they do not replace the separate agreements between the Client and the Operator. Matters not governed by these Terms are subject to the applicable law.

21.2. The relevant statutory provisions apply to businesses and consumers according to the legal status of the party concerned. The provisions on businesses apply subject to any statutory extension of certain consumer rights to sole traders in the cases provided for by law.

21.3. This document has been drawn up in Ukrainian. Other language versions may be published separately. In the event of discrepancies between language versions, mandatory provisions of law and the terms of the specific contract duly communicated to the Client prevail; no language version may be used to deprive a consumer of mandatory rights.

Annex 1. Information sheet for a specific booking

This form is recommended for every transaction being confirmed; the completed details and the Operator's rules are provided to the Client before paid confirmation and are kept together with the Booking Confirmation.

Annex 2. Allocation of contractual roles