General Terms and Conditions

This translation is provided for information purposes. In relation to traders, the German version is authoritative; consumers may also rely on this language version (§ 20).

Part A: General provisions

§ 1 Provider and scope

1. The provider of JobAhoi is AHOIRA UG (haftungsbeschränkt), Rotmoosweg 7a, 94469 Deggendorf ("we"). JobAhoi comprises the app for iOS and Android, the web app app.jobahoi.com and the website www.jobahoi.com.
2. These General Terms and Conditions ("Terms") apply to all contracts for the use of JobAhoi. Part A applies to all users, Part B additionally to employers, Part C governs content and notices, Part D contains final provisions, Part E the information on the right of withdrawal for consumers.
3. Deviating terms of employers do not apply, even if we do not expressly object to them.

§ 2 Definitions

• User means any person or company with a JobAhoi account.
• Crew means users who create a profile in order to find jobs and apply.
• Employers are traders within the meaning of § 14 BGB (German Civil Code) who seek staff and publish job advertisements via JobAhoi.
• Content means all information, texts, images and files that users post on JobAhoi, in particular profiles and job advertisements.

§ 3 Services

1. JobAhoi brings together employers and personnel in inland navigation. Users can publish job advertisements, search for jobs, save them and apply. In addition, we offer nautical information and calculation aids (§ 3a).
2. We only provide the platform and are not a party to the contracts between employers and crew. Employers and crew decide for themselves whether and with whom a contract is concluded.
3. JobAhoi is free of charge for crew. For employers, the account is free of charge; job advertisements are subject to a charge (Part B).
4. JobAhoi runs on current versions of iOS and Android and in current web browsers. For consumers, the statutory rules on liability for defects apply.
5. We may change, replace or discontinue functions for a valid reason, for example due to a change in the legal situation, for reasons of security, due to technical developments, due to the discontinuation of a data source or due to requirements of app store operators. The user does not incur any costs as a result. If a change impairs access or usability more than insignificantly, we will inform consumers by email at least 30 days in advance; they may then terminate the contract at any time free of charge. We provide the updates that are necessary to keep the service in conformity with the contract. Paid services already booked remain unaffected.

§ 3a Nautical information and loading calculator

1. We take over water levels as well as information on locks and waterways automatically from the sources indicated, in particular from the waterways and shipping administration. We convert them into a uniform presentation and do not display obviously implausible values. Values may therefore be delayed, incomplete or outdated; the time of measurement displayed is decisive.
2. We compile port descriptions from public sources, such as OpenStreetMap, websites of the ports and reference works, in part using automated procedures including artificial intelligence. We do not fully check them for accuracy and timeliness.
3. The loading calculator is a calculation aid. It combines the master data displayed with the displayed or self-entered water level according to the formula displayed. It does not take into account local conditions such as shortfalls in depth, shallows, squat, trim or heel. We do not owe that master data and water levels are correct, complete or up to date.
4. None of this information is an official announcement or a basis for navigational decisions. The official sources remain authoritative, such as ELWIS, the Notices to Skippers and the nautical information radio service, as well as the independent verification by the vessel's command in accordance with the rules of shipping law.

§ 4 Registration and account

1. The use of JobAhoi requires an account. Login works without a password via a link or code sent to the email address provided.
2. The user agreement is concluded when the user agrees to these Terms during registration and creates the account.
3. JobAhoi is intended for persons aged 16 and over. Anyone under 18 needs the consent of their parents or other legal representatives to register. By registering, the user declares that they are at least 16 years old and, if they are not yet 18, that they have this consent.
4. Users provide truthful information and keep it up to date.
5. Each person may only maintain one crew account. An employer account belongs to the company, which may change the person and email address on file. Otherwise, accounts are not transferable.
6. Users protect access to their account and to their email inbox against access by third parties and inform us without undue delay of any misuse.
7. Registration takes place in the following steps: entering the email address, confirmation via the link or code sent, agreement to these Terms and acknowledgement of the privacy policy. Until agreement is given, entries can be corrected at any time or the registration can be cancelled. We store the contract text. The version of the Terms currently in force can be accessed at any time at www.jobahoi.com/terms and in the app; we send earlier versions on request. The contract can be concluded in all languages in which JobAhoi is available.

§ 5 Obligations of all users

Users may only use JobAhoi within the framework of the law and these Terms. In particular, it is prohibited

• to provide false information or to pretend to be another person or another company,
• to post content that is illegal, infringes the rights of third parties or is offensive, discriminatory or misleading,
• to use data of other users for purposes other than the application and selection process, in particular for advertising,
• to read out or collect content from JobAhoi by automated means,
• to circumvent technical protection measures or to disrupt the operation of JobAhoi.

§ 6 Applications

1. If a crew user applies for a job advertisement, JobAhoi transmits the application to the employer of the advertisement.
2. From receipt, the employer is itself responsible for the application data. We have no influence on the selection, the response and the further course of the application process.
3. For each requirement of a job advertisement, AhoiCheck shows whether the self-reported information in the profile meets it, and is displayed to the employer with the application. It is a guide and not a commitment. The employer alone decides on applications.
4. We do not verify information provided by users, in particular not certificates of competency, licences, information on experience or the identity of employers. Employers verify the required evidence themselves before hiring.
5. Job advertisements may be translated automatically and are labelled accordingly. The employer's original version, which can be accessed in the advertisement, is authoritative.

§ 7 Term, termination and deletion of the account

1. The user agreement runs for an indefinite period. Users may terminate it at any time without notice by requesting the deletion of their account: in the app in the "Account" section, without the app at app.jobahoi.com/delete-account or by email to support@jobahoi.com. For 30 days after the request, the user can cancel the deletion; after that, the account is deleted.
2. We may terminate the user agreement with a notice period of 30 days. In this case, paid job advertisements continue until the end of their booked term.
3. The right of both parties to extraordinary termination for good cause remains unaffected. For us, good cause exists in particular in the event of a serious or repeated breach of these Terms.
4. After the end of the contract, we erase or anonymise the account data in accordance with the privacy policy. Employers can retrieve applications and statistics until the end of the contract; what they have already stored on their side remains with them.
5. If a consumer withdraws from the user agreement (Part E), the contract ends; paragraph 4 applies to the account and its data. Applications already transmitted to employers remain unaffected.

§ 8 Availability

We endeavour to ensure operation that is as free from disruption as possible, but cannot promise uninterrupted availability. Maintenance work, security measures and disruptions beyond our control may temporarily restrict use.

§ 9 Rights to content

1. Users retain all rights to their content. They grant us the non-exclusive, royalty-free right to store the content, display it on JobAhoi, technically adapt it for display, translate it automatically and transmit profile content with an application to the respective employer, insofar as this is necessary for the operation of JobAhoi. The right ends with the deletion of the content or the account; applications already transmitted and data subject to statutory retention remain unaffected.
2. Users only post content for which they hold the necessary rights, in particular to photos and logos.

§ 10 Liability

1. We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, under the Produkthaftungsgesetz (German Product Liability Act) and to the extent of any guarantee assumed.
2. In cases of slight negligence, we are only liable for the breach of essential contractual obligations. Essential obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.
3. Otherwise, our liability is excluded. This also applies to content posted by users and to nautical information under § 3a, unless paragraph 1 or 2 applies.
4. The limitations of liability also apply in favour of our legal representatives, employees and vicarious agents.

Part B: Employers

§ 11 Employer account

1. Only traders within the meaning of § 14 BGB may create an employer account. The person who creates the account or books job advertisements warrants that they are authorised to do so on behalf of the company.
2. The employer designates an email address for applications and ensures that it is reachable.

§ 12 Job advertisements

1. We publish job advertisements in the version booked. The scope, term and price result from the service description in the ordering process. The versions differ in particular in their term, in a coloured highlighting, in the number of boosts included (paragraph 3), in a custom job title or a custom job description and in the scope of the statistics.
2. The term begins with the publication; publication ends automatically when the term expires. There is no tacit renewal.
3. A boost places the advertisement in the default sorting of the job search as if it had been newly published at the time of the boost; this does not extend the term. Included boosts are triggered automatically at the points in time stated in the ordering process; for a paused advertisement, only when it is reactivated. If the advertisement is marked as filled or archived beforehand, boosts not yet triggered lapse without refund.
4. The employer can pause and reactivate an advertisement, mark it as filled or archive it. Pausing does not interrupt the term.
5. We translate a custom job title and a custom job description automatically into the languages of JobAhoi. The employer is responsible for the content of the advertisement; in the event of discrepancies between the original and the translation, the original prevails in the relationship between us and the employer. The employer can view the translations and report errors to us; we correct them without undue delay. Because we send the job title and job description to a translation service for this purpose, the employer does not include any personal data there, in particular no names or contact details of contact persons; separate fields are available for this.
6. We do not owe a specific number of views or applications.

§ 13 Conclusion of contract and payment

1. The presentation of the versions on JobAhoi does not constitute a binding offer. By completing the ordering process and making payment, the employer submits a binding offer and confirms that it is acting as a trader. The contract is concluded with the publication of the advertisement or our confirmation. If we do not accept the offer within five working days, we refund any payment already made.
2. All prices are exclusive of statutory VAT, insofar as it is incurred. For employers established abroad, the special VAT rules apply, such as the reverse charge. The employer notifies changes to its VAT identification number without undue delay and bears any tax disadvantages resulting from incorrect information.
3. The price is due upon ordering and is processed via our payment service provider Stripe. The advertisement is published after receipt of payment. We transmit invoices electronically. If a payment is charged back, we may block the advertisement until the amount is settled.
4. If we remove an advertisement because of a material breach of these Terms or of statutory provisions for which the employer is responsible, we retain the claim to the price. If the breach can be remedied, we first give the employer the opportunity to correct it, unless this is unreasonable due to the seriousness of the breach. The employer remains entitled to prove that we have saved expenses.
5. If we are unable to provide a booked service in whole or in part, we refund the price for the part not provided, in the case of services with a term pro rata by days. Further statutory rights of the employer remain unaffected; § 10 applies to damages.
6. The employer may only set off claims that are undisputed or have been finally established by a court.

§ 14 Obligations of the employer

1. Job advertisements may only be published for positions actually to be filled at the employer or at a company represented by it. Staffing agencies and intermediaries state this in the advertisement, expressly state any temporary agency work and name the actual employer at the applicant's request. Information on the work, remuneration and conditions must be accurate.
2. Job advertisements must comply with the Allgemeines Gleichbehandlungsgesetz (German General Equal Treatment Act). They must not discriminate against anyone on grounds of race or ethnic origin, sex, religion or belief, disability, age or sexual identity. Citizens of the European Union must not be discriminated against on grounds of their nationality.
3. Job advertisements must not contain advertising for other purposes and must not require any payment from applicants.
4. The employer uses application data exclusively for the respective application and selection process and erases it as soon as it is no longer necessary for the process.
5. The employer indemnifies us against third-party claims based on illegal content of its job advertisements or on an impermissible use of application data, insofar as it is responsible for this, including the reasonable costs of legal defence.

Part C: Content, moderation and notices

§ 15 Contact

Users can reach us for all matters relating to JobAhoi by email at support@jobahoi.com and via the contact form at www.jobahoi.com/support. Our point of contact for authorities under the Digital Services Act is stated in the legal notice (Impressum).

§ 16 Content rules and moderation

1. Illegal content and content that violates § 5 or § 14 is not permitted.
2. We are not obliged to check content before its publication. If we become aware of impermissible content, in particular through a notice under § 17, we examine it. Humans decide on this; we do not use automated means for this.
3. Depending on the seriousness of the violation, we may remove or disable content, restrict its visibility, temporarily suspend an account or terminate the user agreement. In doing so, we act diligently, objectively and proportionately and take into account the rights and legitimate interests of all parties involved.
4. The job search displays job advertisements according to the time of publication, newest first. A boost included in the version booked repositions an advertisement in accordance with § 12 paragraph 3. Boosted advertisements and advertisements with coloured highlighting are labelled "Ad". The highlighting does not influence the order, nor does AhoiCheck.

§ 17 Notices and decisions

1. Any person can notify us of content that they consider to be illegal or incompatible with these Terms, via the reporting form at www.jobahoi.com/report or by email to support@jobahoi.com. The notice should explain why the content is impermissible, state its exact location, contain the name and email address of the person submitting the notice (except in the case of information on certain offences against children) and confirm that the information is accurate and complete to the best of their knowledge.
2. We confirm receipt of the notice, examine it promptly, diligently and objectively and notify the person submitting the notice of our decision, together with a reference to paragraph 4.
3. If we take a measure under § 16 paragraph 3, we give the affected user a clear and specific statement of reasons pursuant to Art. 17 of the Digital Services Act and point out the review under paragraph 4 and the option of recourse to the courts.
4. The affected user and the person who submitted the notice can raise objections to our decision by email to support@jobahoi.com; we will then review the decision again. Recourse to the state courts remains unaffected.

Part D: Final provisions

§ 18 Changes to these Terms

1. We may change these Terms with effect for the future. We notify changes by email at least 30 days before they take effect.
2. The changes only become effective if the user agrees to them; until then, the previous Terms continue to apply. If the user does not agree, both parties may terminate the user agreement; § 7 paragraph 2 applies to our termination.
3. The scope of services and the price of job advertisements already booked do not change as a result.

§ 19 Applicable law and place of jurisdiction

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.
2. If the user is a merchant, a legal entity under public law, a special fund under public law or a trader without a registered office in Germany, the place of jurisdiction for all disputes arising from this contract is Deggendorf. We may also bring an action at the user's registered office.

§ 20 Language

These Terms are available in several languages. Vis-à-vis traders, the German version is authoritative. Consumers may rely on the language version in which they gave their agreement.

Part E: Information on the right of withdrawal for consumers

The following information applies to users who use JobAhoi as consumers, in particular crew. Employers act as traders and have no right of withdrawal.

Information on the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (AHOIRA UG (haftungsbeschränkt), Rotmoosweg 7a, 94469 Deggendorf, Germany, telephone: +49 1522 1983083, email: support@jobahoi.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

You can also exercise your right of withdrawal online in the JobAhoi app and in the web app via the "Withdraw from contract" button, which is displayed to you in the "Account" section during the withdrawal period. If you use this online function, we will send you an acknowledgement of receipt on a durable medium (e.g. by email) without undue delay, including information on the content of the withdrawal statement and the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

• To AHOIRA UG (haftungsbeschränkt), Rotmoosweg 7a, 94469 Deggendorf, Germany, email: support@jobahoi.com:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.