Atlas Sailing · Website terms / Websitevoorwaarden

PART III — WEBSITE TERMS AND DISCLAIMER For accessing and using www.atlassailing.be, separately from the individual travel or charter agreement. 34. Website owner and legal details Operator. The website is operated by BV Buddha Events, trading as Atlas Sailing, Ouden Heirweg 50A, 9340 Lede, Belgium, BE 0722.807.475, Register of Legal Entities, Ghent, Dendermonde division. Contact: maxim@atlassailing.be and +32 476 58 66 90. Atlas Sailing is a member of Garantiefonds Reizen under membership number 9227. 35. Application and order of precedence Relationship between documents. These terms apply to use of the website. A quotation, booking, package travel contract, linked travel arrangement, charter or individual travel service is also subject to the applicable general and special travel terms, the booking confirmation and mandatory law. In the event of a conflict, the most specific document for the service concerned takes precedence, without restricting statutory consumer rights. Separate consent. Privacy, cookies, consent to the use of images and marketing consent are not governed merely by acceptance of these website terms; separate choices and notices apply to them. 36. General information is not a binding offer Informational nature. Routes, images, sample programmes, availability, capacities and prices on the website are general or indicative information unless expressly identified as a binding offer. A request is not a final reservation. The agreement is formed in accordance with the applicable travel terms and the final confirmation. No personalised advice. Information on the website is not personalised legal, medical, tax, insurance or safety advice. Travellers check the formalities specific to their trip and seek professional advice where necessary, without prejudice to Atlas’s statutory duties to provide information and assistance. 37. Prices, availability and obvious errors Obvious mistake. Atlas aims to provide accurate and up-to-date information, but real-time availability and supplier prices may change. An obvious typing, calculation, system or publication error on which a reasonable person could not properly rely does not bind Atlas. Atlas reports the error without delay and, where appropriate, offers the correct option or termination free of charge before performance begins. After the agreement is concluded. Price changes after the agreement is concluded, unavoidable changes and refunds are governed exclusively by the applicable travel terms and mandatory travel law. This disclaimer does not create any broader right to make changes. 38. Accounts and access details User’s duty of care. Users provide accurate information, keep passwords and access links confidential, use multifactor authentication where available and report suspected misuse immediately. Actions taken through an account are attributed to the user insofar as this is legally justified and Atlas provided appropriate security. Security measures. Atlas may temporarily block an account in the event of a specific security threat, an indication of fraud, unauthorised use or a legal obligation. It limits the measure to what is necessary and informs the user when it is safe and legally possible to do so. 39. Permitted use Misuse. The website or account area must not be used for: unlawful, fraudulent, threatening or misleading activities; unauthorised access, security testing, malware, overloading or circumventing access restrictions; automated scraping, systematic copying, price monitoring or republication, unless part of normal search-engine use or covered by prior permission; collecting other users’ personal data or sharing confidential booking or account information; impersonating another person, booking without authority or infringing intellectual property rights. Consequences. Atlas may take proportionate technical measures and retain evidence to stop or investigate misuse. A business user compensates for proven damage arising directly from their intentional or culpable breach; consumers are subject exclusively to the statutory rules on liability. 40. Intellectual property Protected content. The website, trade names, trademarks, logos, texts, photographs, videos, route presentations, databases, interface, selections and software are protected and belong to BV Buddha Events or its licensors. Users receive only a limited, personal, revocable and non-transferable right to access the website for its intended purpose. Restrictions. Commercial reproduction, framing, inlining, database extraction, modification, distribution or use of trademarks is not permitted without prior written consent. An ordinary hyperlink to a public page is permitted provided it does not falsely suggest an association or endorsement or otherwise mislead. 41. External links and services Third parties. Links to yacht operators, insurers, public authorities, Google, Instagram, WhatsApp or other third parties are provided for information or to perform a service. Atlas does not manage their content, security, availability or data processing and does not automatically endorse every opinion or offer. Users consult the third party’s terms and privacy information. Travel services. Where Atlas arranges a third-party service as part of a travel agreement, Atlas’s statutory responsibilities under travel law remain in place. The label “external link” does not limit that responsibility. 42. Reviews and user-submitted content Responsibility. Users warrant that submitted text or media is lawful, does not infringe third-party rights and does not contain unnecessary sensitive data. Following a reasonable assessment, Atlas may refuse or remove content that is clearly unlawful, offensive, misleading, commercial or infringes privacy. Limited licence. Publication for promotional purposes requires the separate consent or licence clearly requested when the content is submitted. Merely uploading content does not grant Atlas an unlimited, perpetual or all-purpose licence. 43. Availability, maintenance and security Continuity. Atlas may maintain, secure, change or temporarily interrupt the website. It makes reasonable efforts to ensure availability and recovery but does not guarantee uninterrupted or error-free operation. Critical booking or payment information is confirmed on an appropriate durable medium after an outage. Safe reporting. Users keep their own devices and software up to date and do not use a copy of the website, an email or a message that does not originate from a verified Atlas channel. Suspected vulnerabilities are reported confidentially to maxim@atlassailing.be without downloading or altering data or expanding access. 44. Liability for website use Defined risks. Within the limits of mandatory law, Atlas is not liable for damage arising exclusively from unauthorised use, incompatible user equipment, an external service chosen by the user or disregard of a clear security warning. Indirect damage is excluded only insofar as such an exclusion is valid. Mandatory law. Nothing excludes liability that cannot legally be limited, including liability for intentional misconduct, personal injury where applicable, infringement of mandatory consumer rights or obligations of a travel organiser. A specific booking is subject to the liability rules in the travel terms. 45. Electronic communications and evidence Durable medium. Atlas may provide quotations, confirmations, terms, privacy information, invoices and operational messages electronically. Users keep an up-to-date email address and reasonably check their spam filters. Electronic logs, timestamps, sending records and document versions may serve as evidence without restricting the user’s statutory rights concerning evidence. 46. Changes and severability Future versions. Atlas may change these website terms for future use because of legislation, security or service provision. A change does not unilaterally alter a travel agreement that has already been concluded. If a provision is invalid, the remainder continues to apply insofar as the arrangement can continue without the invalid provision. 47. Applicable law and competent courts Consumers. Belgian law applies, while preserving the mandatory protection a consumer enjoys under the law of their habitual residence. Disputes are submitted to the court having jurisdiction under the applicable law; these terms do not require a consumer to bring proceedings exclusively in Atlas’s judicial district. B2B. For purely business-related website disputes between businesses, the courts of the judicial district of East Flanders have jurisdiction unless a valid agreement provides otherwise. 48. Errors, misuse and legal notices Notice and review. An error, accessibility problem, alleged infringement, security vulnerability or unlawful content may be reported to maxim@atlassailing.be with the URL, a description and reasonable supporting evidence. Atlas investigates proportionately and may temporarily restrict access to content without thereby admitting liability.