Terms of use

The operator of the ‘Nautic Assure’ platform is Nautic Assure GmbH (hereinafter: Nautic Assure), Riesstraße 25, 80992 München, registered in the Commercial Register of the Local Court of Munich under HRB 314491, represented by its managing directors Jonathan Posselt and Norbert Porazik.

1. These Terms of Use govern the use of the digital platform ‘Nautic Assure’, operated by Nautic Assure GmbH and hereinafter referred to as the ‘platform’.

2. The platform is intended for consumers and other natural persons who charter, rent or use sailing boats, yachts or comparable watercraft, or participate in trips.

3. These Terms of Use apply to all current and future functions of the platform, unless specific terms apply.

1. Nautic Assure operates a digital platform for arranging, managing and comparing insurance products relating to chartering, water sports, travel and boats. Nautic Assure sees itself as a digital insurance broker with supplementary service functions relating to charter trips and water sports.

2. In particular, the following functions may be provided through the platform:

   • Insurance comparisons, insurance applications and the conclusion of insurance contracts;
   • Contract management; document management; status displays;
   • Crew management;
   • Role and permission schemes;
   • Boat management;
   • Trip planning;
   • Route planning;
   • Safety information;
   • Communication functions;
   • Review functions;
   • Crew expense ledger functions;
   • Shopping lists;
   • Digital service functions in connection with insurance contracts.

3. The scope of services varies depending on the user’s role.

4. Where Nautic Assure GmbH merely provides the technical means for individual functions, in particular comparison, forwarding, document, trip, communication or crew expense ledger functions, this does not make Nautic Assure a party to legal relationships between users, crew members, charter companies, insurers or other third parties.

5. The range of functions may be developed and adapted for objective reasons.

1. As a general rule, Nautic Assure is not an insurer. Insurance contracts are concluded exclusively between the user and the respective insurance company.

2. Nautic Assure may act as an insurance broker or other insurance intermediary, provided that the necessary regulatory authorisations and registrations are in place. The relevant information will be provided to the user separately.

3. Nautic Assure does not guarantee that insurance contracts will be concluded. Nautic Assure is under no obligation to provide any particular insurance cover, to secure the conclusion of an insurance contract or to secure the acceptance of an insurance application by an insurer.

4. Unless expressly identified as advice, information on the platform serves to provide digital support to the user. Product information, insurance terms and conditions, premiums, risk questions, acceptance decisions and contract documents are provided by the respective insurer or on the basis of its specifications.

1. Use requires registration of a user account. The user must provide complete and accurate information when registering and update it without undue delay if it changes.

2. The platform may be used as a primary user (‘Owner’) or as a user with restricted access (‘crew member’).

3. The platform use agreement is concluded when the user completes the registration process, accepts these Terms of Use and Nautic Assure activates the user account or enables use of the platform.

4. Nautic Assure is entitled to reject registration requests where objective reasons exist, in particular incomplete or obviously inaccurate information, suspected misuse, technical security risks or previous serious breaches of obligations.

5. The user may create only one user account for themselves, unless Nautic Assure expressly permits multiple accounts.

1. The user must keep their login credentials confidential, protect them against access by third parties and take appropriate technical and organisational security measures.

2. The user must inform Nautic Assure without undue delay if there are indications of unauthorised use of their user account, compromised login credentials or other security incidents.

3. Actions performed through the user account are attributed to the user to the extent that the user performed them personally, caused them to be performed or enabled them through their own fault.

4. Nautic Assure is entitled to introduce, change or supplement security-related authentication procedures, provided that this is reasonable for the user and serves the security of the platform.

1. The Owner is the account holder and has full access to the platform areas assigned to them. In particular, the Owner can compare insurance policies, submit insurance applications, view contract data, manage documents, create trip data, invite crew members and grant or revoke roles and permissions.

2. The Owner decides, on their own responsibility, which information and functions to make accessible to invited crew members. The Owner is also solely responsible for selecting the people invited and for granting and managing their respective permissions. In doing so, the Owner must respect the rights of third parties, in particular personality rights, data protection rights, copyright and contractual confidentiality obligations.

3. The Owner must inform crew members which data, documents, functions and communication spaces are being made accessible to them.

4. Granting access rights to crew members does not confer authority to act on behalf of the Owner in dealings with Nautic Assure, insurers, charter companies or other third parties. As a general rule, crew members are not entitled to conclude insurance contracts, make changes to contracts or make legally binding declarations on behalf of the Owner.

1. The Owner may invite other people as crew members, provided that the platform offers this function.

2. The Owner may send invitations only to people with whom there is a relevant connection, in particular in connection with a shared trip, a charter trip or other legitimate use of the platform.

3. The Owner is responsible for ensuring that the contact details they enter for invited people may lawfully be used.

4. The precise scope of crew members’ use is determined by the Owner. This may include, for example:

   • Boat management;
   • Trip planning;
   • Route planning;
   • Safety information;
   • Communication functions;
   • Review functions;
   • Crew expense ledger functions;
   • Shopping lists.

5. As a general rule, invited crew members are not entitled to:

   • Conclude insurance contracts,
   • Make changes to contracts,
   • Give notice of termination,
   • Represent the Owner in legal transactions,
   • Make declarations to insurers.

6. The technical ability to access the platform does not confer a power of attorney.

7. Recording or inviting a crew member neither includes that person as an insured person nor makes them a policyholder, unless this is expressly provided for in the respective insurance contract.

8. Nautic Assure is entitled to restrict, block or disable invitation functions if there are indications of misuse, spam, harassment or other unlawful use.

1. Insurance offers from various insurers or product providers may be displayed to the Owner through the platform. In particular, the information displayed may be based on the data entered by the user, the available tariffs, the technical interfaces, the insurers’ acceptance guidelines and the product information available at the relevant time.

2. The results displayed do not guarantee the availability, eligibility for acceptance or final premium of an insurance product. Only the contract documents, insurance terms and conditions, acceptances of applications and other declarations confirmed by the insurer are authoritative.

3. The Owner must provide all information required for the insurance comparison, application and conclusion of the contract completely, accurately and truthfully. This applies in particular to risk data, travel data, boat data, charter data, previous losses, value information, cruising areas, types of use and insured persons.

4. The Owner is responsible for reviewing all product information, insurance terms and conditions, consumer information, withdrawal notices, initial information disclosures, advice or waiver documents and other mandatory information before making a contractual declaration.

5. Insurance cover is governed exclusively by the contract documents provided by the respective insurer.

1. Nautic Assure is entitled to check information automatically for plausibility, completeness and technical processability. The platform uses structured data collection and preliminary risk qualification.

2. Changes relating to ownership, value, use, equipment, cruising area or previous losses must be entered without undue delay.

3. Incorrect information may result in the loss of insurance cover.

1. Nautic Assure may provide the Owner with digital contract documents, application data, offer data, status notifications, confirmations, insurance terms and conditions and other documents.

2. Provision through the platform substitutes for receipt of legally relevant declarations only where this is legally permissible and the respective delivery process is designed accordingly.

3. The Owner must review, download or otherwise save the documents provided insofar as they are material to the Owner.

4. Nautic Assure is not obliged to keep documents available indefinitely. Statutory retention and documentation obligations remain unaffected.

1. The platform may provide trip planning, route planning and boat management functions, as well as safety information.

2. All information is provided solely for organisational and informational purposes.

3. Nautic Assure does not provide:

   • Nautical advice,
   • Navigational advice,
   • Seamanship advice,
   • Meteorological advice,
   • Safety-related advice.

4. In particular, safety information does not replace legally required safety briefings by skippers, charter companies or other responsible persons.

1. The crew expense ledger serves solely to organise the recording of shared expenses within a crew.

2. Nautic Assure is not a party to the legal relationships between users.

3. Nautic Assure does not provide payment services. In particular, Nautic Assure does not receive, hold, transfer or pay out funds.

4. All payments to settle balances are made directly between users outside the platform.

5. Nautic Assure does not verify the accuracy, completeness or validity of claims recorded in the crew expense ledger.

1. Users may upload, store, share or publish content where the platform provides for this. Such content may include, in particular, photos, documents, travel documents, charter documents, comments, reviews, messages and other files.

2. The user warrants that they hold all necessary rights to the uploaded content and that its use on the platform does not infringe any third-party rights.

3. Before uploading personal data relating to third parties, the user must ensure that there is an appropriate legal basis for doing so and that the persons concerned have been informed where required.

4. The user grants Nautic Assure a non-exclusive, worldwide right, limited to the duration of their use of the platform, to store, make technical copies of, transmit, display, back up, convert and process the content they upload, insofar as this is necessary to operate the platform, display the content to authorised users, back up data, resolve errors, enforce rights or fulfil contractual obligations.

5. Any further use of user content by Nautic Assure for advertising purposes requires separate consent, unless such use is permitted by law.

1. The user must not use the platform to upload, store, disseminate or make available content that is unlawful, offensive, defamatory, discriminatory, threatening, glorifies violence, is pornographic, is harmful to minors, infringes personality rights, copyright or trademark rights, violates data protection law or is otherwise inappropriate.

2. Any use that impairs or may impair the security, integrity, availability or functioning of the platform is also prohibited. This includes, in particular, hacking, scraping, automated mass access, circumventing technical safeguards, introducing malware, reverse engineering except as permitted by mandatory law, and misuse of interfaces.

3. The user must not use the platform to carry out insurance intermediation for third parties that requires authorisation unless they hold the necessary authorisation.

4. Reviews and comments must be factual, truthful and fair. They must not infringe third-party rights or contain confidential information.

5. The user must not submit reviews in return for payment or any other benefit, or while concealing a conflict of interest, unless this is transparently disclosed.

6. Nautic Assure may provide and enforce community rules.

1. Users may report content that they consider unlawful or in breach of the agreement through the reporting channels provided by Nautic Assure.

2. If the reporting user has provided contact details, Nautic Assure will acknowledge receipt of the report electronically without undue delay.

3. Reports submitted as part of internal complaints should, where possible, include reasons, the specific location of the content, a description of the alleged infringement and contact details for follow-up enquiries.

4. Nautic Assure reviews reports in accordance with statutory requirements and its internal moderation processes. Nautic Assure may block or remove content, restrict access, issue warnings to users or suspend user accounts where there is an objective reason to do so.

5. Nautic Assure will inform the reporting user of its decision regarding the reported content and, where applicable, any available complaint or legal remedy options, insofar as this is required by law. Affected users may have moderation decisions reviewed within six months through the complaints channels provided.

6. Nautic Assure provides easily accessible electronic contact options for users and a central contact point for authorities in accordance with statutory requirements. The current contact details are published on the platform.

7. If a user repeatedly submits manifestly unfounded reports or otherwise misuses the reporting procedures provided, Nautic Assure may take appropriate measures following a prior review. These may include, in particular, temporarily restricting use of the reporting function.

8. Nautic Assure may publish information about its moderation practices and the application of these Terms of Use to the extent permitted by law.

1. Nautic Assure endeavours to keep the platform available with as few interruptions as possible. However, it is not obliged to ensure availability at all times unless service levels have been expressly agreed.

2. Restrictions may arise, in particular, from maintenance, updates, security measures, disruptions to telecommunications networks, force majeure, third-party services, app store requirements or technical problems.

3. Nautic Assure is entitled to develop the platform further and to change, add or discontinue functions for objective reasons, provided that this is reasonable for the user and does not materially impair the purpose of the agreement.

4. The user will be notified in good time of material changes that significantly impair use, insofar as this is possible and reasonable.

5. Nautic Assure is not obliged to ensure that individual third-party functions or interfaces are available at all times.

1. An entitlement to specific response or resolution times exists only insofar as this has been expressly agreed.

2. Support services relate to use of the platform and do not include legal, tax, nautical, medical or specialist insurance advice unless such advice is expressly offered as a separate service.

1. Nautic Assure processes personal data in accordance with applicable data protection laws, in particular the General Data Protection Regulation and the German Federal Data Protection Act.

2. Details are set out in the applicable privacy notices made available to the user on the platform.

3. If the user enters or uploads personal data relating to third parties on the platform, they are responsible for ensuring that there is an appropriate legal basis for doing so and that the persons concerned have been properly informed.

4. Where Nautic Assure transfers personal data to insurers, intermediaries, technical service providers or other third parties in connection with insurance comparisons, insurance applications or insurance contracts, it does so in accordance with statutory requirements and the privacy notices.

1. All rights to the platform, in particular its software, databases, layouts, trademarks, logos, text, graphics, interfaces, technical documentation and other Nautic Assure content, remain with Nautic Assure or the respective rights holders.

2. The user receives only a non-exclusive, non-transferable, non-sublicensable and revocable right, limited to the duration of the platform use agreement, to use the platform for its intended purpose.

3. Reproducing, adapting, making publicly available, distributing, licensing or otherwise exploiting the platform beyond its intended use is prohibited unless permitted by law or expressly approved by Nautic Assure.

1. If the user is at fault in infringing third-party rights, Nautic Assure may claim reimbursement of the necessary costs incurred as a result.

2. The indemnification also covers reasonable costs of legal defence. Nautic Assure will inform the user of any claims asserted and, insofar as reasonable, give them an opportunity to assist.

1. Nautic Assure has unlimited liability in cases of intent and gross negligence, for injury to life, limb or health caused by fault, under the Product Liability Act, and where it has assumed a guarantee.

2. In the event of a breach of essential contractual duties through slight negligence, liability is limited to foreseeable damage typical of the agreement. Essential contractual duties are duties whose fulfilment is necessary for the proper performance of the agreement and on whose observance the user may regularly rely.

3. In all other respects, Nautic Assure's liability is excluded.

4. Nautic Assure is not liable for decisions, acceptances, rejections, premiums, insurance terms and conditions, insurance claims or other acts of insurers, except where Nautic Assure is legally required to bear liability for them.

5. Nautic Assure is not liable for the accuracy of information provided by the user, the lawfulness of user content or claims arising between users through the crew expense ledger.

1. Nautic Assure may suspend the user's access in whole or in part if there are specific indications of unlawful use, a material breach of the agreement, a security risk, misuse or infringement of third-party rights.

2. When selecting a measure, Nautic Assure takes into account the nature, severity, duration and consequences of the breach of duty, as well as the user's legitimate interests.

3. The user will be informed of the suspension and the reasons for it, unless legal considerations, security considerations or legitimate interests of third parties prevent this.

1. The platform use agreement is concluded for an indefinite term.

2. The user may terminate the platform use agreement at any time with effect for the future.

3. Nautic Assure may terminate the platform use agreement by giving four weeks' notice effective at the end of a calendar month, provided that this does not cause unreasonable disadvantages to the user.

4. The right to extraordinary termination for good cause remains unaffected.

5. Access may be deactivated after the agreement ends. Statutory retention obligations, interests in preserving evidence, purposes relating to winding up the agreement and erasure obligations under data protection law remain unaffected.

6. Where technically available, Nautic Assure may give the user the opportunity to export their own data and documents before the account is deleted.

1. Nautic Assure is entitled to amend these Terms of Use with effect for the future, provided that there is an objective reason for doing so and the amendment does not place the user at an unreasonable disadvantage. Objective reasons may include, in particular:

   • changes to statutory or regulatory requirements,
   • new technical developments,
   • extensions or changes to platform functions,
   • adjustments to changed market conditions,
   • closing gaps in the provisions,
   • changes to ensure the security or functioning of the platform.

2. Material changes take effect only after the user has consented. If the user rejects the change, Nautic Assure may terminate the platform use agreement by ordinary termination.

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.

2. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of Nautic Assure. The statutory places of jurisdiction apply in relation to consumers.

3. Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions remains unaffected. In relation to consumers, the statutory provision applies in place of any invalid provision.