Terms and Conditions
Updated: January 10, 2024
Terms and Conditions
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online accommodations reservation service provided on these pages and through the website (the “service”) are owned, operated and provided by Harba Systems ApS (“Harba “, “us”, “we” or “our”) and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
1. Scope of Our Service
Through the website, we (Harba Systems ApS and its affiliate (distribution) partners) provide an online platform through which all types of temporary harbor berths, can advertise their harbors for reservation, and through which visitors to the website can make such reservations. By making a reservation through Harba Systems ApS, you enter into a direct (legally binding) contractual relationship with the accommodation provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the provider, transmitting the details of your reservation to the relevant accommodation provider and sending you a confirmation email for and on behalf of the accommodation provider.
When rendering our services, the information that we disclose is based on the information provided to us by accommodation providers. As such, the accommodation providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations made available.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
2. Prices
The prices on our site are highly competitive. All prices on the Harba Systems ApS website are per berth for your entire stay and are displayed including VAT tax and all other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email. Applicable taxes may be charged by the accommodation in the event of a no-show or cancellation fee.
3. Privacy and Cookies
Harba Systems ApS respects your privacy. Please take a look at our Privacy Policy for further information.
4. Promotional Codes
Harba Systems ApS may, in Harba Systems ApS’ sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Harba establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Harba Systems ApS; (iii) may be disabled by Harba Systems ApS at any time for any reason without liability to Harba Systems ApS; (iv) may only be used pursuant to the specific terms that Harba Systems ApS establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Harba Systems ApS reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Harba Systems ApS determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
5. Intellectual Property
One of the most significant advantages of SaaS financial solutions is cost savings. Unlike traditional software that requires hefty upfront investments in licenses, hardware, and IT infrastructure, SaaS operates on a subscription model. This means you pay a predictable monthly or annual fee, which includes software updates, maintenance, and support. This model eliminates the need for large capital expenditures and reduces ongoing IT costs, making it an affordable option for small businesses with limited budgets.
5. Credit Card
Using the application is free of charge. However, Harba Systems ApS keeps the right to implement a service fee at any time. If such fee is introduced, users will be informed on beforehand.
All harbor prices can be found on the Explore Marinas page and HarbaApp. The prices can change and vary over a period. It is your responsibility to stay informed about price changes.
Payment is safely processed from your credit/debit card or bank account to the bank account of the harbor provider through a third party payment processor.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse.
In order to be indemnified, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (info@harba.co). Please state ‘credit card fraud’ in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Harba Systems ApS’ secure server and the unauthorized use of your credit card resulting through our default or negligence and through no fault of your own while using the secure server.
6. Cancellation and No-show
By making a reservation with a harbor, you accept and agree to the relevant cancellation and no-show policy of that harbor, and to any additional (delivery) terms and conditions of the harbor that may apply to your reservation or during your stay, including for services rendered and/or products offered by the harbor (the delivery terms and conditions of a harbor can be obtained with the relevant harbor). Please note that certain rates or special offers are not eligible for cancellation or change. Please check the harbor details thoroughly for any such conditions prior to making your reservation.
Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the accommodation agrees or allows otherwise under its (pre-)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please contact the harbor. Please note that you may be charged for your cancellation in accordance with the harbor’s cancellation, (pre-)payment and no-show policy or not be entitled to any repayment of any (pre-)paid amount. We recommend that you read the cancellation, (pre-)payment and no-show policy of the harbor carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
7. Removal out of the system
If you would like to delete your account and card information out of our system, please send an Email to info@harba.co. The Email should contain the user name, Email address, Harba ID, as well as the Subject “Delete Account”.
8. (Further) Correspondence and Communication
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our Privacy and Cookies Policy for more information about how we may contact you.
9. Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the harbor as made available on our website, (iii) the services rendered or the products offered by the accommodation provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the harbor or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether the property you stay at charges you (or has charged you) for your berth, or we are facilitating the payment of the berth price, you agree and acknowledge that the property is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the berth price to the relevant tax authorities. Harba Systems ApS is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the berth price to the relevant tax authorities.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Harba Systems ApS may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Harba Systems ApS at its discretion sees fit. You are granting Harba Systems ApS a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Harba Systems ApS at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Harba Systems ApS publishing and using these photos/images. Harba Systems ApS does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Harba Systems ApS. Harba Systems ApS disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Harba Systems ApS at any time and without prior notice.
10. Complaints
Complaints regarding the harbors’s service, as well as the booking and payment should be referred to the specific harbor directly.
All contact information is implemented in the App or the harbors’ website.
Complaints regarding the App itself should be referred to info@harba.co.
11. Intellectual Property Rights
Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Harba Systems ApS, its suppliers or providers.
Harba Systems ApS exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Harba Systems ApS. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
12. Miscellaneous
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Danish law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Copenhagen, Denmark.
The original Danish version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the Danish version and any other language version of these terms and conditions, the Danish language version to the extent permitted by law shall apply, prevail and be conclusive. The Danish version is available on our website (by selecting DK language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
13. About Harba Systems ApS and the support companies
The online booking and payment service in harbors is rendered by Harba Systems ApS., which is a private limited liability company, incorporated under the laws of Denmark and having its offices at Guldborgvej 25, 2000 Frederiksberg, Denmark, and registered with the trade register under registration number 43881523. Our VAT registration number is DK43881523.
Harba Systems ApS has its headquarters in Copenhagen, Denmark and is supported by various affiliated group companies (the “support companies”) throughout the world. The support companies only provide an internal supporting role to and for the benefit of Harba Systems ApS. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any power or authority to render the service, to represent Harba Systems ApS or to enter into any contract in the name of, for or on behalf of Harba Systems ApS. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorized to act as any form of process or service agent of Harba Systems ApS. Harba Systems ApS does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in Copenhagen.
