CruiseOfLive Terms of Service

CruiseOfLive is available at https://cruiseoflive.com/ and in the CruiseOfLive mobile apps (the "Service").

The Service is provided and operated by Dawid Ziniewicz, a private individual not running a registered business, email: dawidziniewicz@gmail.com (the "Provider").

These are the terms required by art. 8 of the Polish Act of 18 July 2002 on providing services by electronic means, and they include the terms and conditions required by Regulation (EU) 2022/2065 (Digital Services Act).

1. User: a person using the Service, including a person with an Account.
2. Account: the User's data and settings in the Service, available after logging in.
3. Skipper: a User who holds a qualification to skipper a yacht and offers trips or skipper services in the Service.
4. Crew member: a User looking for a trip or wanting to sail with a Skipper.
5. Listing: a Skipper's profile or offer published in the Service.
6. Consumer: a natural person acting for purposes outside their trade, business or profession.

1. The Provider offers the following services free of charge: Account keeping, publication of Skippers' profiles and Listings, trip search, sharing private trips through a code and a contact form.
2. A Skipper can create a private trip whose details are visible only to a person who knows the trip code. The code works like a password: the Skipper gives it to chosen people and can change it at any time. The Provider is not responsible for a Skipper or Crew member passing the code to third parties.
3. Using the Service is free of charge. The Provider sets the maximum number of trips (listings) a User may have active at the same time. A trip is active up to and including its last day; finished and deleted trips do not count towards the limit. The default limit for a new Account is 3 active trips. To increase the limit, contact the Service administrator.
4. The Service lets Users get in touch. Any contract for a trip, charter or skipper service is concluded directly between the Crew member and the Skipper. The Provider is not a party to that contract, is not a travel organiser or carrier and is not responsible for its performance.
5. When signing up, a Skipper declares whether they offer their services as a business (trader). This information is shown to Crew members. If the Skipper is not a trader, consumer protection law does not apply to a contract concluded with them.
6. The Skipper is responsible for the conditions of the trip, including the condition of the yacht, insurance, the permitted number of people on board and safety.

To use the Service you need a device with internet access, an up-to-date web browser (for example Chrome, Firefox, Safari or Edge) with JavaScript and cookies enabled and, for an Account, an active email address.

Using online services involves typical risks such as malware, phishing or password theft. Keep your software up to date, protect your password and never share it. The Provider never asks for your password by email.

1. An Account can be created by a person who is at least 18 years old and has full legal capacity. Signing up requires completing the form, accepting these Terms and reading the Privacy Policy.
2. A Skipper gives the type and number of their licence and states whether they hold an SRC certificate. The Skipper declares that the qualifications are valid and is responsible for the accuracy of the data. The Provider may ask for a document confirming the qualifications.
3. A Crew member states whether they hold a licence, and gives their sea experience and other qualifications.
4. The Account agreement is concluded for an indefinite period when the User signs up. The User may terminate it at any time by deleting the Account under “My account” or by writing to the Provider.
5. The Provider may terminate the agreement with 14 days' notice for important reasons, in particular if the Service is discontinued. In case of a serious breach of these Terms, including false qualifications or unlawful content, the Provider may block the Account or terminate the agreement with immediate effect.
6. Users keep their password confidential. Administrator accounts are created only by the Provider.

Users must use the Service lawfully and in line with these Terms; in particular they must not publish unlawful, false or misleading content, impersonate others, send spam or disrupt the Service.

The Provider moderates content manually, based on notices and its own review. The Service does not use automated decision-making to remove content or block Accounts. In case of a breach the Provider may remove content, restrict its visibility, suspend or block an Account. The User is informed of the decision with a statement of reasons and the available means of redress.

Users may appeal a moderation decision within 6 months by writing to the Provider. Appeals are handled without undue delay and not solely by automated means.

Anyone can report content they consider illegal using the “Report content” form linked in the footer, or by email to the Provider.

1. A notice should include: an explanation of why the content is illegal; the exact URL of the content; the name and email address of the person reporting; a statement that the person reporting believes in good faith that the information in the notice is accurate and complete.
2. The Provider confirms receipt, handles the notice without undue delay in a diligent and objective manner, and informs the person reporting of its decision and the available means of redress.

The single point of contact for Users and for Member State authorities, the European Commission and the European Board for Digital Services is dawidziniewicz@gmail.com. Communication is possible in Polish and English.

Listings in search results are shown in the following order: first those marked as featured by the Provider, then by average rating. Users can narrow results with filters (boat type, destination, number of guests). The Provider does not charge for a higher position.

The Service does not currently collect reviews from Users. Ratings shown with listings are not checked by the Provider as to whether they come from people who took part in a trip.

The Provider aims to keep the Service available but may carry out maintenance. The Provider is not responsible for the content of Listings or the performance of contracts between Users, except where mandatory law provides otherwise. Nothing in these Terms limits the statutory rights of Consumers.

Complaints about the Service can be sent through the contact form (topic “Complaint”) or to dawidziniewicz@gmail.com. Please include your contact details and a description of the problem.

The Provider handles complaints within 14 days of receipt and replies to the email address given.

Consumers may use out-of-court dispute resolution, in particular the help of a municipal or district consumer ombudsman or the regional Trade Inspection. Information is available on the website of the Polish Office of Competition and Consumer Protection (uokik.gov.pl).

A Consumer who has concluded the Account agreement may withdraw from it within 14 days without giving a reason, by deleting the Account or by sending a withdrawal statement to the Provider's email address. The Service is free, so withdrawal involves no cost.

Consumer rights also apply to a natural person concluding an agreement directly related to their business activity where the agreement is not of a professional nature for them.

How personal data is processed and how cookies are used is described in the Privacy Policy linked in the footer.

The Provider may change these Terms for important reasons, in particular a change in law or in the scope of services. Users with an Account will be informed at least 15 days before the change takes effect. A User who does not accept the change may terminate the agreement during that time by deleting the Account.

Polish law applies to agreements concluded under these Terms. This choice of law does not deprive Consumers of the protection of the mandatory provisions of the law of their habitual residence.

Disputes are resolved by the courts having jurisdiction under general rules.

The Polish version of these Terms is binding. The English version is a translation.