§ 1 Definitions

The terms used in these Regulations mean:

1. "CN" - Charter Navigator Sp. z o. o. with its registered office in Kraków at ul. Grochowa 42, running a website for booking yachts under the domain www.charternavigator.pl.
2. "Affiliate" - an entity that provides fragments of the reservation system provided by CN on its website.
3. "Affiliate's website" - the entire Internet project of the Affiliate, made available via the Internet, run by the Affiliate.
4. "CN charter services" - brokerage of yacht charters and other tourist services offered by CN.
5. "reservation module" - a website that allows you to view and book CN charters and mark reservations made by customers via the Affiliate's websites as Affiliate's reservations.
6. "Affiliate's reservations" - reservations made by customers via the website, using the reservation module, clearly marked as Affiliate's reservations, for which the Affiliate is due the remuneration referred to in § 8.
7. "client" - an Internet user using the Affiliate's intermediation to book and purchase CN charters.
8. "Regulations" - these regulations

§ 2 Subject of the Regulations

The subject of the Regulations is to define the terms and conditions of conducting agency activity by the Affiliate - aquisition of charters - without the exclusive right - for CN on the Internet.

§ 3 Statements

1. CN declares that it provides charter services in the form of making charter reservations on the basis of appropriate permits entitling to conduct this activity.
2. The Affiliate declares that he runs a website that enables the presentation of information and offers regarding charters offered by CN and allows customers to perform activities consisting in selecting the services offered on the website, as well as making reservations and purchasing these services.

§ 4 Obligations of the Affiliate

The Affiliate undertakes to place the booking module of the products promoted by the Affiliate in the structures of the Affiliate's website and thus to mediate in the booking and purchase of CN charters through the charternavigator.com website.

§ 5 Obligations of the CN

CN undertakes to provide the Affiliate with a website address that allows viewing and verifying reservations initiated through the Affiliate's website. Given that the reservations listed on the websites may be modified or canceled outside the booking module (in particular due to the client's failure to make the appropriate payment), which will not be recorded on the websites, it is assumed that the websites will be for information purposes only. The Affiliate's booking reports referred to in § 9 will serve as the basis for settlements.

§ 6 Responsibility of the CN

1. The CN is liable for damages resulting from non-performance or improper performance of the CN service.
2. The CN is liable for any damage incurred by the client as a result of concluding a CN charter sale agreement, if, despite the client's performance of this action, he was not guaranteed a yacht at a specific date and place, subject to the possibility of substituting a yacht with similar parameters or other forms of compensation, which is governed by separate terms of cooperation with individual yacht owners.
3. CN undertakes that when third parties make claims against the Affiliate related to the situations referred to in par. 1-2, will fully cover the costs of any court proceedings, costs of legal representation and damages awarded or agreed upon.
4. CN shall not be liable for actions or obligations undertaken by the Affiliate towards third parties inconsistent with the conditions set out in the Regulations.

§ 7 Personal data

The parties declare that all personal data provided by customers concluding CN charter purchase contracts via the Affiliate's website will be collected in a personal database administered by CN.

§ 8 Affiliate Remuneration

1. For the performance by the Affiliate of permanent agency services in the sale of CN charters specified in the Regulations, the Affiliate will receive gross commission from CN in the amount of:

   • 5% of gross turnover, with turnover up to EUR 20,000 gross per year

   • 6% of gross turnover, with turnover from EUR 20,001 to EUR 40,000 gross per year

   • 7% of gross turnover, with turnover from EUR 40,001 to EUR 60,000 gross per year

   • after exceeding the amount of EUR 60,000 per annum, the commission fee will be negotiated separately

   Only the turnover obtained by CN through the Affiliate shall be considered as the turnover used to determine the commission. The 23% VAT rate will be applied to determine the net amount of the commission.
2. The Affiliate is entitled to remuneration only for the reservations of the Affiliate's products referred to in § 3.
3. Settlement will take place on a monthly basis. The Affiliate's remuneration will be calculated on completed events, i.e. those for which the date of receipt of the last installment for the charter takes place in the month to which the settlement relates.

§ 9 Report

1. The basis for the sales settlement will be a monthly report containing a summary of all the Affiliate's reservations that have been made by CN in a given period and showing the amount of commission due to the Affiliate.
2. The CN undertakes to send the report to the Affiliate via e-mail by the 5th working day of the following month or started quarter. The report will not be sent if no charter agreement has been concluded through the Affiliate in a given billing period.
3. The Affiliate reserves the right to submit comments on the content of the report within 5 working days from the date of its receipt.

§ 10 Payments

1. Invoices will be issued by the Affiliate, based on the report referred to in §9, by the 10th day of each month for the amount equivalent to the commission on the value of CN charters, the implementation of which ended in the previous month (calculated according to the rules set out in the Regulations). The exchange rate used to calculate the commission value is the average EUR exchange rate according to the National Bank of Poland on the day of issuing the invoice.
2. The amounts due referred to in § 10 will be transferred to the Affiliate's account.

§ 11 Termination of cooperation

1. The CN has the right to resign from cooperation with immediate effect, without observing the notice period referred to in section 2, in the event of non-performance or gross violation of the provisions of the Regulations by the Affiliate.
2. CN may resign from cooperation with a month's notice by sending a notification to the Affiliate's email address.
3. The Affiliate may resign from cooperation at any time by removing the booking codes from its websites and informing CN of this fact.

§ 12 Final Provisions

1. The provisions of the Regulations apply to the legal successors of the parties.
2. In matters not covered by the Regulations, the relevant provisions of the Civil Code shall apply.
3. Any disputes that may arise in connection with the implementation of the subject of the Regulations shall be settled by the Parties to the courts competent for the seat of the CN.