MOLOFY
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In case of interpretation or translation conflicts, the German version of this legal page prevails as the authoritative text.

Terms & Conditions for Providers

Version: 24 July 2026 · applies to providers („skippers") on MOLOFY

Summary: You list your boat on MOLOFY. We connect paying guests with you. The standard booking fee is 20 % of the customer price. The guest pays the balance on site directly to you — in cash or with your own POS. You operate the tour at your own risk and responsibility. Registration is free. There is no notice period.

1. Contracting parties

The contractual counterparty for this provider agreement is ZiaNeo Systems UG (haftungsbeschränkt) (a German limited-liability company, registered at Amtsgericht Kaiserslautern under HRB 34499), Raiffeisenweg 1c, 67292 Kirchheimbolanden, Germany, represented by its managing director Tatiana Schöneberger (hereinafter „MOLOFY"). Full company details and contacts: see imprint. Provider under this agreement means the operator of one or more boats registered with MOLOFY, offering experiences to guests via the platform (hereinafter „skipper" or „you").

2. MOLOFY's services

MOLOFY operates at molofy.com an online marketplace where boat providers publish their tours and experiences and where guests make binding bookings. Our legal role is that of a pure intermediary/broker: we bring two parties (you and the guest) together for the conclusion of a vessel-use contract, without being linked to either party by any relationship of collaboration, dependency or representation. We provide:

MOLOFY is not a tour operator within the meaning of Directive (EU) 2015/2302 on package travel and not a payment service provider under PSD2. We transport no one, we operate no boat, we hold no money for you, and we do not process your charter price. The charter payment of the guest takes place exclusively between you and the guest.

3. Contractual relationship with the guest

The vessel-hire or experience contract comes into force directly between you and the guest — typically classified as a bareboat or crewed charter contract under the applicable national maritime code of the port of departure, or as an atypical nautical service contract — as soon as the guest has paid the booking fee and you have not cancelled it within the deadline. MOLOFY is not a party to the experience. You are responsible towards the guest for proper performance of the tour, for boating licences and permits as required by the applicable national maritime regulations, for mandatory third-party liability insurance, for valid permits and for safety on board.

4. Booking fee (our model instead of commission)

For our intermediation and booking service we charge a booking fee of 20 % of the customer price you set. This booking fee arises with every successfully intermediated booking and is settled via the payment flow described below — there is no separate commission invoice to you.

5. Payment flow & receipts

Payment processing runs via the payment service provider Stripe. The recipient of the online deposit is a master-partner-skipper designated by MOLOFY who handles payment processing for the platform:

Guest → Stripe (deposit): The guest pays the deposit (standard 20 % of the customer price — it equals the MOLOFY booking fee) directly during the booking process by credit or debit card on a secure Stripe checkout page. The booking is only confirmed once the deposit is paid; without payment no booking comes into effect.

Settlement of the booking fee: The booking fee is settled between the master-partner-skipper and MOLOFY — per booking or as a monthly statement. You do not have to transfer anything and receive no separate commission invoice; your share is the balance the guest pays to you on site.

Guest → skipper (balance): The guest pays the balance on site at boat handover directly to you, in cash or with your own card terminal (SumUp, Zettle etc.). MOLOFY is not involved in this payment.

Refunds: If you cancel a tour for compelling reasons (e.g. weather, technical failure), the deposit is automatically refunded to the guest via Stripe to the payment method originally used.

Receipts for the guest: If the guest requests a tax-compliant invoice, MOLOFY issues an invoice for the booking fee. A receipt for the balance paid at the boat is a matter between you and the guest; for commercial skippers, issuing your own invoices is part of your obligations (see § 9). Optionally, you can authorise MOLOFY by supplementary agreement to invoice in your name (third-party billing pursuant to § 14 (2) UStG).

6. Deposit & no-show

As the deposit flows via Stripe to the master-partner-skipper, you do not need to do anything in case of a no-show — the forfeited deposit covers the booking fee.

If the guest fails to appear without prior cancellation, you can independently claim a no-show fee equal to the outstanding balance from the guest (legal relationship between you and the guest). MOLOFY does not charge cards for you and does not act as a collection partner in this matter.

7. Cancellation and rescheduling

7.1 By the guest

The guest can cancel themselves; the deposit always forfeits (protection against multi-booking-with-cancellation abuse). Cancellations less than 24 hours before the tour are only possible via you as provider.

7.2 Rescheduling

Rescheduling happens exclusively via you as provider. The guest can express a rescheduling wish delivered to you as notification.

7.3 By you

If you cancel for compelling reasons (weather, technical defect, safety): full refund of the deposit to the guest, no commission. A compelling weather reason means an official weather or sea warning or an official navigation ban for the tour period, or a specific safety hazard for which you are responsible as the vessel's master — ordinary unfavourable weather alone is not sufficient. If you cancel without compelling reason: Q-Score penalty, obligation to fully refund the guest, and a contractual penalty equal to the booking fee of the cancelled booking, but no less than 100 € — it compensates the intermediation effort and the damage to trust towards the guest. Repeated unjustified cancellations may lead to exclusion from the platform.

7.4 Weather cancellations

Weather cancellations count as compelling reason and do not negatively affect your Q-Score if you mark them as weather_cancel.

8. Boat pool (optional)

You can enable or disable the boat pool at experience level. When the pool is active, guests can be re-routed in case of under-utilisation to another provider in the same harbour with a compatible boat:

The booking follows the guest — the balance at the boat goes to the provider who actually performs the tour. The handing-over provider receives +5 goodwill points on their Q-Score, but no cash flow. The MOLOFY booking fee remains unchanged.

9. Provider duties

9a. AI-generated content (EU AI Act Art. 50)

If you upload images or texts to MOLOFY that were created wholly or partly with generative artificial intelligence (Midjourney, DALL·E, Stable Diffusion, ChatGPT and comparable tools), you must label them as such in the owner cockpit at upload. This label is shown on the public listing as a visible "AI-generated" badge — this is a statutory obligation under Art. 50 of EU Regulation 2024/1689 on artificial intelligence (AI Act), which applies from 2 August 2026. Violations of this labelling obligation can be sanctioned with fines — the responsibility rests with you as provider; MOLOFY moderates on a spot-check basis but does not carry out comprehensive verification.

The free texts you enter (title, subtitle, description, meeting point, short bio, long bio, package names, replies to reviews) are automatically translated by us into the other four MOLOFY languages after saving (local language model Ollama gemma-2 9B on our servers in Germany — no data is passed to external providers). On the public listing, every automatically translated display is labelled "Automatically translated from <language>". Responsibility for the content of the source text remains with you; the translation is a technical tool and does not replace editorial review. If you want to correct an automatic translation, you can manually override it per language in the owner cockpit.

10. Reviews

11. Anti-circumvention & repeat bookings

As long as the guest has not completed the booking and paid the deposit, no direct contact details (phone, WhatsApp) are shown to the guest. You undertake not to intermediate a guest who has made contact via MOLOFY in parallel or bypassing MOLOFY.

Repeat bookings: For guests whose first contact with you was established via MOLOFY, the booking fee remains payable for a period of 12 months from the last booking processed via MOLOFY, even if the guest books directly with you. You report such direct bookings to MOLOFY without being asked, within 14 days; the booking fee is settled as for a platform booking.

In case of breach of this clause, a contractual penalty of twice the evaded booking fee, but no less than 250 €, applies per case of circumvention; in addition we reserve the right to exclude you from the platform.

11a. Boat pool: taking over and passing on requests

Taking over from the pool. You may take over requests from the boat pool provided your offer meets the guest's requirements — in particular that it falls on one of their preferred days and does not exceed their maximum budget. Your takeover constitutes acceptance of a binding contractual offer by the guest; it directly establishes a contract between you and the guest. For this intermediation you owe MOLOFY the agreed booking fee. The pool is reserved for motor and sailing yachts.

Passing on your own guests (overbooking). If you cannot carry out a trip you have already confirmed, you may pass the affected request on to MOLOFY via the provider app. By passing it on you warrant that you are entitled to transmit the guest's contact details and that you have informed the guest accordingly; in addition, MOLOFY informs the guest itself without undue delay. You indemnify MOLOFY against claims arising from an unauthorised transmission. You cannot take over your own request; as long as no one has taken it over, you may withdraw it at any time.

Remuneration for passing on (finder's fee). If another provider takes over the request you passed on and the booking is concluded, you receive from MOLOFY a remuneration of 5 € per person brokered in return for your referral. This is MOLOFY's own remuneration to you and not money forwarded from another provider or from the guest; no claim arises against the taking-over provider or the guest. The remuneration arises exclusively in the case of pool intermediation, not for other bookings. We settle it by way of the credit note procedure and pay it out collectively; claims are shown to you on an ongoing basis in the provider app. In these cases the taking-over provider owes MOLOFY a correspondingly increased booking fee; the price paid by the guest remains unaffected.

12. Liability

MOLOFY is liable exclusively for the proper provision of intermediation and platform services. We are not liable for damages arising from the performance of the tour itself — these risks are borne by you as provider and you insure them yourself (liability, hull, safety equipment, crew licences).

For intentional or seriously negligent breaches of duty on our part, we are liable under statutory provisions. Otherwise our liability is limited to the foreseeable damage typical of the contract.

Indemnification: You indemnify and hold ZiaNeo harmless from all third-party claims (including reasonable costs of legal defence) arising from the performance of your tours, from violations of these terms or applicable law, or from an infringement of third-party rights by your content — unless the claim is based on ZiaNeo's own fault.

13. Data protection

We process your data solely to perform this contract and for platform display. Details in the Privacy Policy. You are visible to guests with profile name, harbour, region and short description. Contact details are only shown to guests after booking completion.

Tax transparency reporting (DAC7 / PStTG): As a digital platform, MOLOFY is legally obliged (EU Directive DAC7, implemented in Germany by the Platform Tax Transparency Act — PStTG) to report all providers with remunerated bookings once a year to the German Federal Central Tax Office; from there the data is automatically forwarded to the tax authority of your country of residence. Reported are in particular name/company, address, tax identification (e.g. Codice Fiscale / Partita IVA), bank details and the total remuneration per quarter. This reporting cannot be opted out of — it applies equally to all booking platforms in the EU. You are obliged to provide us with the required information completely and correctly; if it is not provided despite two reminders, we must block your account or withhold payouts (statutory requirement). We will provide you with an overview of the remuneration reported about you.

14. Term and termination

The contract runs for an indefinite period. You can terminate at any time without notice — send an e-mail to info@molofy.com with subject „Close provider account". We confirm closure within 3 working days. Existing bookings are completed.

MOLOFY may suspend the account immediately in case of serious breaches (e.g. safety issues, repeated unjustified cancellations, commission circumvention, trademark infringement).

Effect of termination on open bookings: You continue to properly perform already confirmed bookings until the agreed date, unless they are cancelled or rebooked by mutual agreement. If you cannot perform them, the weather/cancellation rules apply; the MOLOFY booking fee remains due in accordance with § 6.

Survival after termination: Beyond termination, the following continue to apply for 12 months: the anti-circumvention obligation (§ 11) for all guests referred via MOLOFY, the indemnification obligation (§ 12) for claims already accrued or triggered during the term, and the content licence (§ 9) for content already published, until it has been removed from the platform.

15. Amendments to these terms

Material amendments will be announced at least 30 days in advance by e-mail. If you do not object, they apply from entry into force. If you do not want to accept an amendment, you can terminate this contract at any time before it enters into force, with immediate effect and without notice — your termination must reach us no later than the day before the amendment enters into force (Art. 8 (3) P2B Regulation (EU) 2019/1150). We may deviate from the 30-day period only in exceptional cases, e.g. where a legal obligation requires it or where an imminent security or fraud risk must be averted (Art. 8 (4) P2B Regulation); in such cases we will inform you without delay.

Availability and changes to the service: We aim for uninterrupted operation of the platform but cannot guarantee continuous availability; maintenance, security updates and outages may cause temporary limitations. We may modify, add or discontinue platform features for objective reasons (further development, security, legal requirements). Core functions for already confirmed bookings are not affected; material changes will be announced with reasonable prior notice.

16. Jurisdiction and applicable law

These terms are governed by German law. Place of performance and exclusive place of jurisdiction for entrepreneurs (commercial skippers) is MOLOFY's registered office as per the imprint. Mandatory provisions of the state in which you carry out your skipper activity remain reserved; for the relationship with your consumer guests, the mandatory provisions of the consumer's country of habitual residence (transposing Directive 2011/83/EU) apply in addition, as well as the maritime and boating-licence regulations of the port of departure.

17. Ranking, visibility and complaint management (P2B Regulation)

Under the P2B Regulation (EU) 2019/1150 we inform you about the visibility of your experiences and your rights in disputes with us.

17.1 Ranking parameters

The order in which experiences appear on /entdecken/, on detail pages and on the map is determined by the following main parameters, ranked by weight:

Your visibility does not depend on whether you buy add-ons from us (no pay-to-play beyond the openly labelled ad slots).

17.2 Internal complaint management (P2B Art. 11)

Complaints on ranking, booking fee, account decisions, payouts or other contract matters can be submitted free of charge via our complaint form or by e-mail to info@molofy.com (subject: „P2B complaint"). We acknowledge receipt without delay and reply with a reasoned decision usually within 10 business days.

17.3 Out-of-court dispute resolution (P2B Art. 12)

If we cannot agree, we designate the following two mediators:

Mediation costs are split evenly between us and you (Reg. 2019/1150 Art. 12(5)). Mediation is voluntary.

17.4 Transparency report

Under Art. 11(4) P2B Regulation we publish annually by 31 January a report on number, type, duration and outcomes of complaints received.

Contract assignment: ZiaNeo may assign this contract to an affiliated company as part of a corporate transfer.

18. Severability

Should individual provisions be invalid, the validity of the remainder shall be unaffected. The invalid provision shall be replaced by the statutory rule.