1.1. The legal relationship between the Service User (hereinafter referred to as “User”) and the Service Provider (hereinafter referred to as “Owner”) is governed by this Agreement. This Agreement shall be concluded from the moment of purchase of the Service by the User by way of prepayment.
1.2. The obligations of the User and the rights of the Owner under this Agreement shall be binding upon and shall apply to all persons who actually use the Service. Use of the Service shall be deemed to constitute acceptance and acknowledgement by the User of the terms of this Agreement.
1.3. The right to use the Service is provided to a natural person who is at least 18 years of age. Minors under the age of 18 may use the Services only under the direct supervision of an adult.
2. Duration of the Agreement
2.1. Upon purchase of the Service by a natural person by payment of a Prepaid Invoice issued, that natural person shall be deemed to be a “User” for the purposes of this Agreement and shall be bound by this Agreement and the obligations arising therefrom.
2.2. In the event that the User withdraws from the Service, the User shall give the Owner a written notice at least 10 working days in advance. If the User cancels the Service after this period or does not use the Service within the booked time, the prepayment will not be refunded.
2.2. The Agreement expires, and with it the right to use the Service, if a person’s Service is cancelled for failure to comply with the terms of this Agreement.
3. Obligations of the User
3.1. The User is obliged to comply with the terms of this Agreement, signs and instructions related to the use of the Service and the Inventory. The User shall also comply with the Owner’s employees (“Staff”), requirements or instructions regarding the use of the Service and the Inventory.
3.2. The User waives all rights of action and undertakes not to make any claims or demands, pecuniary or otherwise, against the Owner for personal injury, damage or loss sustained during the Service as a result of any breach or non-observance of these Rules.
3.3. The User shall be bound by all instructions of the Captain of the boat related to the use and safety of the Service.
3.4. Safety rules must be observed, children under 12 must wear a life jacket issued by the Captain during the entire trip.
3.5. High-heeled shoes are prohibited on board. The fine for non-compliance with these rules is EUR 150.
3.6. Red wine shall not be brought on board or consumed. The fine for non-compliance with these rules is EUR 150.
4. Liability of the User
4.1. The User shall be liable for any damage or loss caused to third parties or the Owner by using the Service.
4.2. If the User fails to comply with the requirements of this Agreement, the Captain shall have the right to terminate the Service.
4.3. The User shall be liable for damages and losses caused to third parties and the Owner as a result of non-compliance with the Rules.
5. Liability of the Owner
5.1. The Owner shall not be liable for accidents or damages arising out of any breach of this Agreement.
5.2. The Owner shall not be liable for any damage or loss caused by improper use of the Service or failure to observe safety rules.
6. Special provisions
6.1. In the event that weather conditions on the day of the Service are unsuitable for safe navigation, the Captain may decide to cancel the booked trip. In this case, the User shall be booked for an alternative time for the provision of the Service.
6.2. If the User insists on the trip despite the Captain’s objections, the User assumes all risks and full responsibility for the consequences. In the event that the trip is not used in full, the difference will not be refunded.
6.3. By this Agreement, the User and the person to whom this Agreement applies authorise the Owner or a third party authorised by the Owner to collect, record and distribute their personal data in accordance with the terms of this Agreement. The Owner may record and process the personal data (photographs, videos and other recordings of sound and visual information) of the User and the person covered by this Agreement if the person has used the Service contrary to the Owner’s prohibition, as well as if the person has had the Service cancelled by the Owner or its authorised agents due to a gross violation of the terms of this Agreement. The Owner shall have the right to collect, record, enter, store information about a person in text, sound and visual media, to arrange, modify, use, transmit, delete, process and transfer the information.
6.4. The Owner shall be entitled to submit this Agreement and the data received from the User, including personal data, for the performance of this Agreement and for statistical purposes in connection with the provision of the Service. For the purposes set out in this paragraph, the Owner shall be entitled to transfer the data provided by the User and its representatives, including personal data, to related companies, insurance providers, providers of the services set out in this Agreement, accounting and legal service providers.
6.5. Each of the Parties is responsible for ensuring that the processing of personal data complies with the requirements of the laws and regulations.
6.6. Disputes and disagreements arising between the Parties during the performance of this Agreement shall be settled promptly by mutual negotiation. If a mutually negotiated solution cannot be reached, each Party shall have the right to apply to the courts in accordance with the procedure provided for by the laws and regulations of the Republic of Latvia.
6.7. This Agreement shall commence upon the User’s prepayment for the Service and shall remain in full force and effect until all obligations under this Agreement have been performed in full.
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