General Terms and Conditions of Metarina
Last Update 29.01.2025
This document is currently available in English. Please write to us at legal@metarina.com if there is anything you do not understand or need translated to your native language.
These General Terms and Conditions (“Terms”) govern the contractual relationship between Metarina GmbH (Zur Aussicht 26, 83122 Samerberg, Germany) and all users of the Metarina online booking and marina management system (“Application”). By accessing or using Metarina, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use Metarina’s services.
Metarina provides booking software for berth reservations, marina management, and sub-rental processing but does not own or operate marinas. Any contractual relationship regarding berth bookings is established solely between the Boater and the Marina.
The application includes, collectively, websites, content, mobile applications, software products, and services associated with Metarina. We have identified four main user groups to help clarify how the application is used and how portions of these terms may apply more specifically to you as a user. These user group designations are for convenience only and are not intended to otherwise limit the terms. Unless otherwise specified, these terms will apply to all users (“General Users”), regardless of user group designation.
“Visitors” are users who have not created or otherwise logged in to an account through our services. These terms apply to visitors unless otherwise specified.
“Boaters” are users, and their representatives, who create an account through and intend to use our services primarily to:
make, manage, and pay for reservations under their account for dock and mooring space at any of the marinas. Manage and update their account. Write and update reviews of any marinas or harbors, posted on our services.
“Marinas” are users, and their representatives, who create an account through and intend to use the application primarily to: manage their claimed marina listing on the application; manage and update their account; view and respond to general inquiries submitted to their claimed marina through the application; respond to booking requests on behalf of their claimed marina; view, accept, decline, and manage reservation requests for their claimed marina under their existing account, manage marina inventory and assign dockage and slip spaces in real time, accept payment for reservations, and generate financial reports (collectively, the “Marina Software”); and upgrade or downgrade their accounts through monthly paid subscription options for access to different levels of features in the Marina Software.
Metarina does not guarantee the availability or quality of marina services. Any disputes regarding marina-provided services should be resolved directly between the Boater and the Marina.
“Developers” are users who use our Application Programming Interface (“Our API”) to connect their website(s) and mobile application(s) to certain features of the application.
Use of the application
You may use our Application only in accordance with these terms and only for lawful purposes. As a General User, you are responsible for:
making all arrangements necessary for you to have access to our application; and ensuring that all persons who access our application through your internet connection are aware of these terms and comply with them.
It is a condition of your use of Our Services that all the information you provide on or through Our Services is correct, current, and complete. You agree that all information you provide to or through Our Services, including but not limited to through the use of any interactive and communication features, is governed by these Terms, and you affirmatively consent to all actions we take with respect to your information.
To access some of the Application and certain features we offer, you may be asked to create an account by providing certain registration details or other information. If you create, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, (collectively, the “Login Credentials”), at any time and in our sole discretion, if we believe you have violated any provision of these terms. We also reserve the right to disable any Login Credentials at any time and in our sole discretion, for any or no reason.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application using your Login Credentials. Without limiting the previous sentence, Marinas may allow, at their sole discretion, their employees, agents, independent contractors, or any other party who must use Marina Login Credentials to access the Marina’s account for implementation, technical difficulty, general maintenance, or any other service approved by the Marina and Metarina.
You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Metarina, in its sole discretion, reserves the right to take any and all necessary actions under the German Law or any other rule or regulation should it determine that you, your employees, agents, independent contractors, or any other party improperly uses your Login Credentials, regardless of whether the improper use resulted in commercial gain for you or the violator (“Unauthorized Access”). In the event of such Unauthorized Access, Metarina reserves the right to suspend your access and use of our Application immediately.
You may be able to upgrade your account from any version of our Application to a different subscription, which offers access to additional features on some of the Applications (“Upgraded Accounts”). In the event you wish to downgrade your Upgraded Account to a different paid subscription level or revert back to the other version, or you wish to delete your account altogether, you may request an account downgrade or deletion by contacting us at support@metarina.com.
Metarina provides a digital management system that enables marinas, boaters, and other clients to securely create, manage, and automate various types of agreements, including but not limited to contracts, bookings, memberships, and other service arrangements. By using this feature, users agree to the following terms regarding audit records, document verification, status management, and data processing for these agreements.
Audit Records
All actions related to agreements, including creation, modifications, approvals, renewals, and terminations, are systematically logged within Metarina’s secure audit trail. These audit records serve as an immutable history of agreement activities, ensuring transparency, compliance, and accountability for all involved parties.
Every action taken on an agreement is timestamped and linked to the responsible user.
Audit records are retained for 5 years following the completion or termination of an agreement to comply with legal and financial regulations, which often require businesses to maintain records for tax, auditing, and compliance purposes.
Users have the right to request access to their audit history by submitting a request to Metarina Support at support@metarina.com. Requests will be processed within 10 business days to allow sufficient time for data retrieval and verification.
Marina operators have real-time access to agreement audit logs through the Metarina dashboard, allowing them to track changes and user interactions related to bookings, contracts, and memberships.
Document Requirements
To maintain agreement integrity and compliance, users may be required to upload supporting documents related to their bookings, memberships, contracts, or other services. Metarina does not assume responsibility for reviewing or approving submitted documents.
Document verification is the sole responsibility of the marina or relevant service provider, which must ensure compliance with its internal requirements and policies.
If a document is rejected due to errors or non-compliance, users may resubmit the corrected document up to 2 times before further manual intervention is required.
Users receive automated email notifications regarding document status updates, including approvals, rejections, and resubmission requests.
Expired documents must be replaced within 30 days to ensure continued compliance with the terms of the agreement. Failure to update required documents within this timeframe may result in restricted access, booking cancellation, or suspension of services.
Agreement Status & Management
Agreements managed through Metarina, including bookings, contracts, and memberships, may progress through various states such as Draft, Pending Approval, Active, Expired, Renewed, or Terminated. Each transition between these states requires explicit consent and user notification to maintain transparency.
Any modification to an agreement, including activation, renewal, or termination, will trigger an automated notification to all relevant parties within 24 hours to ensure timely awareness.
Users have a maximum of 7 days to review an agreement before it is automatically approved, declined, or escalated for further action.
Any disputes regarding agreement terms, amendments, or terminations must be raised within 14 days from the date of the status change. After this period, disputes will be considered finalized.
Each transition between agreement states requires explicit user consent, ensuring that no modifications are made without proper authorization.
Metarina reserves the right to temporarily restrict agreement changes in cases where disputes, missing documentation, or payment discrepancies arise.
Data Processing & Retention
Metarina is committed to secure data handling and compliance with industry standards for agreement-related storage and processing. All data, including records related to contracts, bookings, and memberships, is handled in accordance with GDPR and other applicable data protection laws.
Agreement-related data, including attached documentation, will be retained for 7 years after agreement termination to comply with legal, regulatory, and financial audit requirements.
Users have the right to request an export of their agreement-related data in a standardized digital format. Requests will be processed within 14 business days to ensure secure retrieval and compliance checks.
Agreement-related data is only shared between the designated agreement parties and is never disclosed to third parties unless required by law or explicitly authorized.
Users may request the permanent deletion of agreement data, subject to retention policies. Deletion requests will be processed within 30 days, provided that no outstanding contractual or regulatory obligations prevent such action.
By using Metarina’s agreement management features, users acknowledge that agreement records are securely stored, accessible upon request, and subject to retention guidelines that comply with legal and operational requirements.
As a Boater, you understand that use of our Application may result in you making payments for the services you receive from Marinas (“Charges”). After you have received Marina services through your use of the Application, Metarina may facilitate payment of the applicable Charges on behalf of the Marina, as such Marina’s limited payment collection agent. All Charges are due and payable immediately as of the date(s) and method(s) stated in the reservation confirmation. Metarina will use the preferred payment method designated in your Boater account and will send you a receipt. Payment of the Charges in such a manner shall be considered the same as payment made directly by you to the Marina. After a successful booking has been proceeded, Metarina applies a handling fee of a variable percentage of the charged berh price. This charge should be paid before the confirmation deadline of the booking.
Metarina partners with a fintech company for payment processing. When you make a reservation, you're also agreeing to the payment processor's terms of service. Metarina may replace its payment processor at any time without notifying you. If your primary payment method is determined to be expired, invalid, or otherwise unable to be charged, you agree that Metarina may, as the Marina’s limited payment collection agent, use a secondary payment method in your Boater account, if available. Metarina may notify you if any of your payment methods are insufficient or need to be updated if payment fails at the time the payment is due. It is your sole responsibility to update and fully pay all balances due for services you receive through our Application, and you acknowledge that Metarina takes no part in and bears no responsibility for any portion of the transaction between you and the Marina other than facilitating your payment.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise stated under the “Reservations & Cancellation Policies” section of these Terms or by Metarina. You retain the right to request lower charges from a Marina for services received by you from such Marina at the time you receive the services.
Marinas reserve the right to modify charges should such Marina determine that there is a discrepancy between the information you provided to make your reservation and the actual characteristics of your particular boat or vessel. For example, a discrepancy between your boat’s total length and the actual length as determined by the Marina could result in an increased charge to use the services of the Marina. Metarina will respond accordingly to any request from a Marina to modify the Charges for a particular service.
Metarina reserves the right to establish, remove, or revise Charges for any or all aspects of our Application at any time in Metarina’s sole discretion. Metarina will use reasonable efforts to inform you of Charges that may apply. You will be responsible for the Charges incurred under your Boater account regardless of your actual awareness of such Charges or their amounts. Metarina may, from time to time, provide users with promotional offers and discounts that may result in alternate Charges for the same or similar services. You agree that such promotional offers and discounts, unless made available to you, shall have no bearing on your use of our Application or Charges applied to you. You may elect to cancel your request for services from a Marina at any time prior to your use of such services, in which case you may still be charged a fee “Reservation & Cancellation Policies” section of these Terms.
Metarina’s payment facilitation is structured to fully compensate the Marina for services provided. Metarina does not designate any portion of your payment as a tip or gratuity to the Marina or Marina employees. Any representation by Metarina, on our Application or in Metarina’s marketing materials to the effect that tipping is “voluntary,” “not required,” or “included” in the payments you make for Marina services is not intended to suggest that Metarina provides any additional amounts, beyond those described in these Terms, to the Marina or Marina employees.
You understand and agree that, while you are free to provide additional payment as gratuity directly to any Marina or Marina employee who provides your services, you are under no obligation to do so. All gratuities are voluntary.
By using our Applications as a Marina, you may appoint Metarina as your payment agent in connection with transactions carried out through our Application. In particular, Marinas agree to pay Metarina’s applicable service fee for all reservations processed through our Application. This is inclusive of all credit card transaction fees.
By using or continuing to operate as a Marina on our services, you agree to be bound by our fintech partner Services Agreement in addition to these terms, as the same may be modified by the fintec company from time to time. As with these terms, the Stripe Services Agreement is subject to change at any time. Metarina takes no part in and bears no responsibility for any portion of the transaction between you and the Boater other than facilitating payment.
As a Marina, you are solely responsible for properly reporting taxable income made in connection with any reservations initiated through our Application. You agree that we will have no liability relating to your failure to report any taxable income made in connection with any reservations initiated through the Metarina Applications or to pay taxes on that income. You further agree to indemnify us against liability to any third party, including the Internal Revenue Service or any Country or local taxation authority, arising out of your failure to report any taxable income made in connection with any reservations initiated through the Metarina Applications or to pay taxes on that income.
By subscribing to Metarina, you acknowledge that access to certain features and services, requires the payment of subscription fees (“Charges”). These Charges are billed in advance according to the selected billing cycle (e.g. monthly, quarterly, or yearly) and are subject to the following terms:
The subscription cycle begins either: (i) on the start date specified in the underlying SLA, or (ii) at the end of any preceding subscription period. All renewals follow the same twelve-month commitment structure regardless of the initial commitment period defined in the SLA.
Termination of subscriptions must be communicated in written form to Metarina at support@metarina.com no later than six (6) months prior to the commencement of the next subscription cycle.
Failure to provide the required six-month written notice will result in automatic renewal for an additional twelve-month period. Termination will take effect at the end of the current subscription cycle, provided proper notice has been given. No refunds will be provided for unused portions of subscription periods.
Metarina may terminate subscriptions immediately in cases of: (i) material breach of these Terms, or (ii) discontinuation of services. All subscriptions and memberships purchased may be canceled by Metarina at any time to the end of a billing period. If a subscription is terminated, any subscription or additional costs owed will be charged when the subscription is canceled or at the end of the current billing period.
Metarina understands that your circumstances may change as a Boater or Marina between the time of booking through our Application and the use of a confirmed reservation. In the event that a Boater is eligible for a refund, we will work with best efforts to process the refund as soon as possible after the cancellation.
Marinas are required to honor all reservations made by Boaters through our Application or any other reservation that originates as a result of our Services. Further, Metarina may discontinue providing certain Marinas with access to or use of our Services should Metarina determine, in its sole discretion, that such Marinas have failed to honor any reservations. Metarina does acknowledge that situations may arise where canceling or editing a reservation may be necessary by Marinas. Those situations include severe weather, infrastructure damage, flooding or debris, etc.
Users of Metarina may submit various forms of content, including but not limited to reviews, comments, and feedback regarding their experiences with marinas, services, or the platform itself. By posting or submitting such content, users acknowledge and expressly grant Metarina a non-exclusive, worldwide, royalty-free, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content in any media formats and through any channels that Metarina deems appropriate. This includes, but is not limited to, incorporating user-generated content into marketing materials, promotional campaigns, marina ratings, and service improvement initiatives.
By submitting content to Metarina, users affirm that their contributions are lawful, accurate, and do not infringe upon the intellectual property rights, privacy, or personal rights of any third party. Any content that is determined to be offensive, defamatory, misleading, fraudulent, or otherwise inappropriate, including but not limited to content containing hate speech, harassment, false statements, or unlawful material, is strictly prohibited. Users remain solely responsible for the accuracy and legality of the content they submit, and Metarina reserves the right, at its sole discretion, to remove, modify, or refuse to display any user-generated content that violates these Terms or is deemed inappropriate.
Furthermore, users acknowledge that while Metarina provides a platform for content submission and display, it does not assume responsibility or liability for the views, opinions, or statements expressed by users. Metarina does not verify, endorse, or guarantee the accuracy of user-generated content and shall not be held accountable for any consequences arising from reliance on such content. Any disputes regarding the truthfulness or legality of a review, comment, or feedback must be resolved directly between the involved parties, and Metarina is not obligated to intervene or mediate in such matters.
By continuing to use Metarina’s services and submitting content, users agree to indemnify and hold Metarina harmless from any claims, damages, or liabilities arising from the publication or distribution of their submitted content. Users also understand that removing content from their account does not guarantee its complete removal from all Metarina platforms or associated marketing materials, as content may have been archived, republished, or referenced in various locations.
Metarina retains the right to implement moderation policies and automated content filtering to prevent the display of prohibited or harmful content, ensuring that the platform remains a constructive and respectful environment for all users.
Metarina provides its platform, services, and features strictly on an “as-is” and “as-available” basis, without any express or implied warranties, guarantees, or assurances of performance, reliability, or suitability for a particular purpose. Users acknowledge that while Metarina aims to facilitate marina management, berth bookings, and automated contract and billing functions, it does not assume responsibility for the accuracy, completeness, or uninterrupted availability of its services. Metarina expressly disclaims any warranties, whether statutory, implied, or otherwise, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
Users further recognize that Metarina acts solely as a technology provider and is not a party to any direct agreements between marinas and boaters. As such, Metarina is not liable for the actual marina services offered, including but not limited to berth availability, safety measures, pricing accuracy, facility conditions, marina staff conduct, or any disputes arising between marinas and boaters. Any complaints or issues related to marina services must be addressed directly between the involved parties, as Metarina has no authority over marina policies, service standards, or operational decision-making.
To the maximum extent permitted by applicable law, Metarina’s total liability to any user, whether arising from contract, tort (including negligence), warranty, or any other legal theory, shall be strictly limited to the total subscription fees paid by the user in the preceding twelve (12) months before the claim arose. Under no circumstances shall Metarina, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost revenue, lost profits, data loss, reputational harm, or business disruptions, even if Metarina has been advised of the possibility of such damages.
Furthermore, Metarina shall not be held responsible for any delays, disruptions, or service failures caused by Force Majeure events, including but not limited to natural disasters, fires, floods, earthquakes, pandemics, governmental actions, war, terrorism, labor strikes, power outages, cyberattacks, network failures, or other events beyond Metarina’s reasonable control. In such circumstances, Metarina reserves the right to modify, suspend, or terminate any affected services without prior notice and without liability for resulting damages or losses.
By using Metarina, users expressly acknowledge and accept these limitations of liability and disclaimers. Users also agree that their sole and exclusive remedy for any dissatisfaction with Metarina’s services is to discontinue use of the platform.
These Terms and any disputes, claims, or controversies arising from or related to the use of Metarina’s services, including but not limited to contract execution, billing, and marina management functionalities, shall be governed and interpreted in accordance with the laws of Germany, without regard to conflicts of law principles that would require the application of any other jurisdiction’s laws.
Users agree that before initiating any formal legal action, both parties shall first attempt to resolve any disputes through good-faith negotiations. This process requires the disputing party to notify the other in writing of the nature of the claim, the specific relief sought, and an opportunity for discussion and resolution. Both parties shall make reasonable efforts to settle disputes amicably before proceeding to further legal steps.
If a dispute cannot be resolved through negotiation within a reasonable timeframe, users expressly agree that any unresolved claims or controversies shall be exclusively submitted to binding arbitration conducted in Berlin, Germany. Arbitration shall be conducted in accordance with the rules of a recognized arbitration institution agreed upon by both parties. The arbitration process will be confidential, and the arbitrator’s decision shall be final and enforceable in a court of competent jurisdiction. The costs of arbitration, including arbitrator fees, shall be allocated as determined by the arbitration panel, though each party shall bear its own legal costs unless otherwise awarded.
By using Metarina, users expressly waive the right to participate in any class-action lawsuit or consolidated legal proceeding involving multiple claimants. All claims must be pursued on an individual basis, and users agree that no arbitration or litigation shall be conducted as a class action or collective proceeding. This class action waiver ensures that any legal disputes remain confined to direct parties without expanding beyond the necessary scope of resolution.
If any portion of this Dispute Resolution section is found to be unenforceable, the remainder shall remain in full effect. Metarina reserves the right to seek injunctive or equitable relief in a competent court for any alleged violations of intellectual property rights, unauthorized access to its systems, or other serious breaches of these Terms that require immediate legal intervention.
Electronic Communications & Notifications
By using Metarina, you acknowledge and consent to receiving electronic communications from Metarina in various forms, including but not limited to emails, in-app notifications, and SMS messages. These communications are essential for the proper functionality of the platform and may include important updates regarding account activity, booking confirmations, payment receipts, security alerts, and policy changes.
While users may have the ability to manage their marketing communication preferences, including opting out of promotional emails and newsletters, it is important to note that transactional emails—such as those related to payment confirmations, invoices, account security alerts, and essential system updates—are mandatory and cannot be opted out of. These notifications are integral to ensuring seamless service and compliance with billing and contract obligations.
Metarina reserves the right to introduce new communication channels or methods in the future to enhance user experience. Users are responsible for ensuring that their contact information remains up to date to receive important notices without interruption. Failure to maintain accurate email or phone details may result in missed notifications, for which Metarina assumes no liability.
Metarina places a high priority on user security and expects all users to take appropriate measures to protect their accounts. Users are required to maintain strong, unique passwords for their Metarina accounts and are encouraged to enable two-factor authentication (2FA) if the option is available. These measures help prevent unauthorized access and protect sensitive account data.
Users are solely responsible for maintaining the confidentiality of their login credentials and must not share passwords or account access with any unauthorized individuals. Metarina shall not be held liable for any unauthorized access, financial loss, or data breaches resulting from user negligence, such as weak passwords, phishing scams, or voluntarily disclosing login details to third parties.
In cases where suspicious or fraudulent activity is detected on a user’s account, Metarina reserves the right to immediately suspend or terminate access to prevent further risks. Suspensions may remain in place until a security review is completed, and the account owner has verified their identity. If an account is found to be involved in fraudulent activity, abuse, or other violations of these Terms, Metarina retains full discretion to permanently disable the account and take any necessary legal action.
Users who suspect unauthorized access, hacking attempts, or fraudulent use of their account must notify Metarina immediately at support@metarina.com to mitigate potential security risks.
Subject to your compliance with these Terms, Metarina grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use our Application on your personal device solely in connection with your use of our Application, and to access and use any content, information, and related materials that may be made available through our Application. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application.
You must not modify copies of any materials from our Application; use any illustrations, photographs, video, or audio sequences of any graphics separately from the accompanying text or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Application. You also must not access or use any part of our Application or any services or materials available through our Application for any commercial purposes.
If you wish to make any use of content on our Application other than as expressly permitted in these Terms, you will need our express written permission, which you can request by emailing support@metarina.com.
Data provided by the General User (Boaters and Marinas) such as personal details, boat information, any kind of personal or boat documentation are handled within the Metarina environment with the highest and current GDPR regulations.
Reliance on Information Posted:
The content posted on or through our Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any General User of our Application, or by anyone who may be informed of its contents. Our Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services (“Third-Party Content”). All statements and opinions expressed in Third-Party Content, and all articles and responses to questions and other content, other than our Content (as defined below), are solely the opinion and the responsibility of the person or entity providing such Third-Party Content. Third-Party Content does not necessarily reflect the opinion of Metarina. We are not responsible, or liable, to you or any third party, for the content or accuracy of any Third-Party Content.
Our Content:
Our Applications and its entire contents, logos, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Metarina, its licensors, or other providers of such material and are protected by European and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We may update our Content from time to time, but it is not necessarily complete or up-to-date. Any of our Content may be out-of-date at any given time, and we are under no obligation to update such material.
Metarina seeks to avoid any abuse of its services, but can not guarantee that abuse or intrusion of Metarina’s IT systems can not occur. If the General User suspects that there is a misuse of information, Metarina services or that intrusion of Metarina IT system has or will happen, they must immediately inform Metarina. Similarly, the General User must inform Metarina if the customer has been subject to misuse or information or attempts to, or actual intrusion into the IT system, used by the customer.
This contract is subject to the laws of the Federal Republic of Germany. The parties agree that Berlin will be the exclusive place of jurisdiction for any and all disputes arising out of or in connection with this contract. If a provision of this contract is invalid, the invalid provision is to be replaced by such valid provision which most closely resembles the parties’ economic and legal intention. Metarina reserves the right to change the General Terms and Conditions with effect for the future, in particular in the following cases:
Metarina reserves the right to change and update the rules and conditions that apply to these terms. It is therefore important that you keep yourself informed of any changes.
Metarina GmbH
Zur Aussicht 26
83122 Samerberg
Germany
For any inquiries, please contact legal@metarina.com
Metarina GmbH • Zur Aussicht 26 • 83122 Samerberg • Germany • legal@metarina.com • www.metarina.com