Charterer's Policy

Version 8: last modified 02.05.2017

1.Introduction

This policy sets forth the terms and conditions of a Charterer’s, (hereinafter ‘Charterer’, or ‘You, Yours’, or ‘User’) use of Book2Sail’s Services. Book2Sail may also hereinafter be referred to as ‘Us, ‘We’, ‘Our/s’. Charterer and Book2sail may hereinafter be referred to s as ‘party’ or collectively as the ‘parties’

 

2.Definitions:

Boat means any watercraft which is available on the Website for chartering (such as sailing yachts, motor boats, jet skis, catamarans, etc);

Book2Sail means the online Website www.book2sail.com owned and operated by SAS Marine Services Limited, a Malta registered company with registration number C 66732, and with principal place of business at 5th Floor, Avis House, 50 Msida Seafront, Msida, MSD 9043, Malta;

Charterer means an individual who requests a booking of a Boat via the Services;

Check-In means the date and time of the boarding of the Boat as chosen by the Owner in the listing of the Boat or the arrival of the Boat on the first day of the charter;

Owner means a person who owns a Boat/s or a person who is duly authorised by a Boat owner, and who creates and manages a Boat listing on the Website and is responsible for accepting chartering of such Boat/s, of communicating with the Charterer in order to agree on the terms of the Boat Charter Agreement;

Service/s means the matchmaking service offered via the Website by Book2sail in order to match Owners and Charterers to facilitate the chartering of a Boat which is for rent and which is at dock or at sea;

Terms mean this Charterer’s Policy together with all the other Policies and General Terms and Conditions available on Our Website;

User means any User of the Website and/or Services whether he /she is an Owner or Charterer;

User Account means an online account created by a User via the Website in order to use the Services.

 

3.Acceptance of Policy

This policy is supplemented by the Book2Sail General Terms and Conditions and the Privacy Policy found here, which are incorporated herein by reference and are applicable to You as the Charterer. A separate boat charter agreement will be in place between You and the Boat Owner. Note that Book2Sail is NOT a party to the said Boat Charter Agreement. Book2Sail does not have any obligation to answer in the event of non-fulfilment or the incomplete fulfilment of the Boat Charter Agreement which you will enter into with the Boat Owner. You hereby expressly accept this limitation of liability of Book2Sail, and in consequence Book2Sail is only responsible for managing and formalising the booking of the chosen boat, and of managing the payment of the deposit and the charter fee according to the terms stipulated below.

Book2Sail is a venue and is NOT a party to any Boat Charter Agreement or other Transactions between Users of the Website. Book2Sail acts as a venue for users of the Website, and makes it possible for Charterers and Owners to view and post available boats to facilitate the rental of such boats.

Although we aim to perform our services as advertised by Us on the Website, we cannot verify or guarantee that ALL information is precise, complete and correct. The Boat Owner is the person responsible for the information listed about the Boat/s (including but not limited to prices, configuration, features, extras etc.) posted on the Website.

 

4.Definition of Charterer and Eligibility

A Charterer means any adult private individual over 18 years of age, holder of a valid ID Document, enjoying full legal capacity or legal entities duly incorporated and registered in their country of jurisdiction, and which accept unconditionally the present terms and agree to be bound by them when using the Website and submitting a booking for a Boat charter.

Charterer/s do not need to have a nautical license since Owners may also provide skipper / captain services as an additional service. These terms however are to be agreed upon and negotiated directly between the Owner/s and the Charterer/s and Book2Sail has no responsibility or liability as to whether the Boat was properly operated by a person who has a nautical license. The Owner is the person bound to ensure that his / her boat is properly operated by a person who holds a valid nautical license.

 

5.Creating a User Account

Creating a User Account is optional, very simple and You may follow the instructions provided on Our Website. For Your User Account you need to create a username and password. For corporate bodies chartering a yacht and creating a User Account on our Website, they must provide a validly registered VAT number, if applicable according to the laws of the jurisdiction where they are registered.

You can also create a User Account by using Your existing credentials for certain third party social networking sites (including, but not limited to, Facebook). Thus You may link Your Book2Sail User Account with Third Party Accounts, by providing your Third Party Account login information on the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS AND YOU ARE SOLELY RESPONSIBLE FOR THE CORRECTNESS AND ACCURATE INFORMATION ON SUCH THIRD PARTY NETWORKING SITES.

We will create Your User Account for Your use of the Services based upon the personal information You provide to Us. You may not have more than one (1) active User Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete at all times. We reserve the right to suspend or terminate Your User Account and Your access to the Services if You create more than one User Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

 

6.Identity Verification

User verification on the Internet is difficult and We cannot, and do not, assume any responsibility for the confirmation of each User's purported identity.

You agree to (i) keep Your password and online ID for both Your Book2Sail User Account and Your email account secure and strictly confidential, providing it only to authorized users of Your accounts, (ii) instruct each person to whom You give Your username and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new username and password if You believe Your password for either Your Book2Sail User Account or Your email account may have become known to an unauthorized person, and (iv) notify Us immediately if You are contacted by anyone requesting Your username and password. We discourage You from giving anyone access to your username and password for Your Book2Sail User Account and Your email account. However, if You do give someone Your username and password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions that the person performs while using Your Book2Sail User Account or Your email account, even those transactions that are fraudulent or that You did not intend or want performed.

 

7.Charterer Duties

When using the Services You warrant that:

  • if You will be navigating a Boat, You are responsible for ensuring that You are legally authorized to operate a Boat in the state in which You are renting and that You hold the necessary nautical license;
  • You possess the legal authority to enter into a legally binding contract and obligation with Us, and separately with the Owner;
  • You will use this Website in accordance with the Terms;
  • You will only use this Website to view available boat/s for chartering or transact legitimate Boat chartering for You or for another person for whom You are legally authorized to act;
  • You will inform such other persons about the Terms and Conditions that apply to the Boat charter you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto;
  • all information supplied by You to Us is at all times true, accurate, current and complete;
  • You are the rightful holder of the bank card or online wallet used for booking of the Boat;
  • You have checked the terms of the contract before signing the Charter Agreement with the Owner, the state of the Boat, the validity of any technical controls, the presence on board of any security weapons and that it complies with the navigation category of Boat and that the Boat is equipped with fully functional safety equipment;
  • You will inform Us through Your User Account, within 24 hours from Check-In of any litigation / dispute related to the chartering of the Boat, in order to claim refund of payment and this in accordance to Clause 11 below;
  • You will provide the data requested by Book2Sail in order to organize Your booking, and for the Owner to contact You and sign the Boat Charter Agreement, and for payment to take place;
  • You accept that We may transmit Your personal data to the Owner so that the terms of the Boat Charter Agreement can be agreed to between You and the Owner;
  • You will pay for the Services, as well as, any additional services provided during the Boat Charter Agreement and which were not expressly included when submitting the booking (for example: the skipper, fuel and water, mooring outside port base, taxes, and any other services required, according to the Boat Charter Agreement);
  • You will provide truthful information when rating the Services. We reserve the right to accept, reject or withdraw the valuations and opinions submitted by You;
  • You will comply with Your social and fiscal obligations according to Your status. You understand that Book2Sail is released from any obligation to provide You with advice and does not engage the responsibility of such.

 

8.What is a Bareboat Charter Agreement

A bareboat charter agreement is an arrangement for the chartering or hiring of a boat, whereby no crew or provisions are included as part of the agreement; instead, the person who rents the boat from the owner is responsible for taking care of such things. The owner gives possession of the boat to the Charterer also referred to as a charterer and the Charterer hires its own captain/ skipper and crew. At times it is possible to do so via the Owner directly by purchasing such additional services or else via a third party company which offers boat management services.

It is important You understand all of Your rights, liabilities and obligations. For Your ease, here are some basics of bareboat charters:

  • The owner retains the title of the vessel for the duration of the bareboat charter.
  • The charterer stands in the shoes of the owner for purposes of managing the boat.
  • The charterer is responsible for the safe navigation of the vessel.
  • A bareboat charter can only carry up to 12 passengers plus paid crew.
  • A bareboat charter cannot carry passengers for hire.
  • If a captain is retained the charterer must hire the captain.

This summary of bareboat charters is not intended to be all inclusive and must NOT be relied upon as legal advice. The Owner and Charterer is each responsible to know and follow all laws and regulations related to bareboat chartering within their jurisdiction and for reading, understanding and agreeing to the Bareboat Charter Agreement which is signed between the Owner and Charterer.

An example of a bareboat charter agreement template which is used around the globe can be found here.  This template is provided to You and the Owner purely for ease of reference and use, and such template is provided by Book2Sail without any warranties or representations whatsoever and it is Your sole responsibility and that of the Owner to read, understand and make certain the Bareboat Charter Agreement is suitable and acceptable by both parties. You agree that Book2Sail is not responsible for any claims arising out of Your use of the template of the bareboat charter agreement and it is Your sole responsibility to seek legal advice and to fully understand the implications of bareboat chartering.

 

9.Booking a Boat

The Owner/s, not Book2sail, are solely responsible for honoring any confirmed bookings and making available any Boats reserved through the Services. If You choose to enter into a transaction with an Owner for the booking of a Boat, You agree and understand that You will be required to enter into an agreement with the Owner and You agree to accept any terms, conditions, rules and restrictions associated with such Boat imposed by the Owner. You acknowledge and agree that You, and not Book2Sail will be responsible for performing the obligations of any such agreements, that Book2Sail is not a party to such agreements, and that, with the exception of its obligations hereunder to pay Boat Fees to the applicable Owner, Book2Sail disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Book2Sail is not a party to the agreement between You and the Owner, Book2Sail acts as the Owner's payment agent for the limited purpose of accepting payments from You on behalf of the Owner.

Booking a Boat via the Website takes place as follows:

  • Visit our Website and Sign in to your User Account on the Website here (NOTE: You do NOT necessarily need to have a User Account in order to book a Boat, but booking can be submitted directly via the Website and upon successful booking Our system will automatically generate a password for your email to be used as log in details should you wish to submit future bookings via a User Account.) 
  • Select a Boat and read about its features and its terms of use;
  • Select available dates shown on the Owner’s calendar and any additional services if applicable and fill in the information required, including the required personal data;
  • Confirm the booking details;
  • Your booking offer will then be submitted via an email to the Owner and the Owner has 12 (twelve) hours to accept or reject the booking offer. We will inform You whether the Owner has rejected or accepted Your offer via email. Note that it is at the Owner’s discretion to accept or reject a booking offer submitted via our Website;
  • As soon as the Owner accepts your booking offer, You will be informed via email and You will be prompted to pay the Total Price for the booking;
  • You will then be directly contacted by the Owner in order to sign a boat charter agreement;
  • Once the Service has been provided, You have the option to rate the Service in detail so the rest of the Users will have access to this information;
  • Should the Owner reject Your booking offer, Book2Sail will email You with an alternative Boat for chartering, and You may submit another booking offer if the alternative Boat offered is to Your liking.

 

10.Payment and Security Deposit

For the purposes of this Clause the term ‘Total Price’ means the price freely chosen by the Owner at the time the Owner lists his boat on the Website, hereinafter ‘Owner Price’ which shall also include the ‘Owner’s Commission’, due to Book2Sail for the provision of the Services. The Owner Price MAY also include the price of fuel necessary for the charter however whether fuel is included or not is indicated by the Owner when listing the Boat. The Owner Price excludes any additional services such as bedding costs, cleaning costs, skipper costs and so on, and these are to be agreed upon directly between the Owner and the Charterer.

Book2Sail reserves the right to amend the Owner’s Commission at any time, and such changes will be published on Our Website and also sent via email to all Users, 30 days prior to entering into force. It is Your responsibility to review these Terms upon accessing the Website. Each version of these Terms will be identified at the top of the page by its last modified date.

Once Your booking offer is confirmed by the Owner, You will be charged the Total Price in a single payment which will be transferred to the Boat Owner as follows:

If the charter date is more than thirty (30) days away, 50% of the Total Price on the day of confirmation of booking and 50% of the Total Price thirty (30) days before start of charter. If the charter date less than thirty (30) days away the boat owner will receive the full amount upon confirmation of booking.

Within the said 24 hours You may lodge a complaint with Us via Your User Account if something went wrong with the chartering of the Boat, or if the Boat was not found in the state as promised by the Owner and other similar circumstances.

Exceptionally, the Charterer can pay in two (2) installments if:

  • the amount of the Total Price exceeds two thousand Euros (€2,000.00), including taxes and charges, and
  • the Charter will begin more than 30 days after booking is confirmed by the Owner.

In such cases the Charterer will pay Book2Sail, via bank transfer, a deposit equivalent to sixty percent (60%) of the Total Price and then pays the remaining balance to Book2Sail, via bank transfer, of forty percent (40%) of the Total Price thirty (30) days before Check-In.

Payment of the Total Price to Book2Sail can be made online via the following methods available on Our Website:

  1. Via our payment gateway using your debit or credit card. Note that when using such method You will be charged a payment gateway processing fee, as applicable.
  2. You may opt to pay via bank transfer. If You opt for this payment method you will be requested to insert Your billing information such as name, billing address and credit card information.

Once payment is made, Book2Sail will communicate Your details to the Owner so that he can get in touch with You to agree and sign the boat charter agreement terms.

Note: The payments made through the payment gateway set up on the Website can be effected by debit or credit cards such as Visa, Visa Electron, Master Card, and Maestro, as well as other means which may be implemented online from time to time.

Upon your payment of the Total Price to Book2Sail, your payment obligation to the Owner for such amount is extinguished. Book2Sail is responsible for remitting the amounts due to the Owner less the Commission as per the terms of this Agreement. In the event that Book2Sail does not remit any such amounts to the Owner, and except in cases where a complaint was lodged by Charterer, Owner will have recourse for such amounts only against Book2Sail.

Book2Sail will issue and invoice to the Owner for the Owner’s Commission, which will be downloadable directly from his/her User Account.

Security Deposit:  The Owner may require an additional security deposit for the chartering of his Boat. If required, the amount of the Security Deposit will be listed by the Owner on Our Website when listing his Boat. Such Security Deposit, is payable directly to the Owner upon Check-In, and the Owner will return the deposit upon the end of the charter and once he has checked that the Boat has been returned in good order and without suffering any Damage as defined in Clause 13 below. In the event of any disputes between Owner or Charterer in relation to such Security Deposit claims, Book2Sail declares that it has no responsibility or liability in relation to such disputes and it is an external third party to such disputes.

 

11.Cancellation Policy

Book2Sail has a standardized cancellation policy that We will enforce to protect both Charterer and Owner.  Cancellation of bookings must be made in writing via the User Account.

Cancellation on the part of the Owner:

Boat Owner cannot request the cancellation of a booking which he has confirmed, except in cases of Force Majeur as defined in Article 12.

In the case of special personal circumstances, which may lead to the Owner cancelling the booking, We will endeavor to offer You an alternative Boat for the same period. If no alternative solution is found, We will refund You the Total Price.

The Owner’s Commission will still be invoiced to the Owner. If the Owner does not pay this invoice directly to Book2Sail, the amount due for this would automatically be debited by Book2Sail as part of the next transaction made by the Owner via the Website, using the Service.

Following three (3) consecutive and abusive cancellations on the part of the Owner, Book2Sail reserves the right to delete the Owner’s User Account.

However, if the request for the cancellation of a booking by the Owner is caused by the Charterer’s  inability to justify his/her certification or qualifications as mentioned in his/her nautical CV, this cancellation will be considered justified. In such case, the Charterer will not be able to demand a refund of the Total Price or any part thereof under any circumstances. The Owner will receive the Owner Price, less the Owner’s Commission.

Cancellation on the part of the Charterer:

The Charterer may cancel the booking as follows:

  • If the Charterer cancels for any reason and/or for convenience, up to thirty (30) days before Check-In he/she will be refunded for 50% of the Total Price. Book2Sail will remit payment to Owner equivalent to 50% of the Total Price (less the Owner’s Commission). 
  • If the Charterer cancels the booking for any reason and/or for convenience, within less than thirty (30) days before Check-In no refund will be provided to Charterer. Book2Sail will remit payment to Owner equivalent to the Total Price (less the Owner’s Commission).

Cancellation by the Charterer if the Boat does not correspond to listing / major fault or breakdown:

The Charterer may also cancel the charter if a problem arises due to the fault or negligence of the Owner, or for instance for one of the following reasons:

  • If the description of the Boat in the listing on the Website or in the charter agreement, is materially inaccurate with respect to:
  • the size of the Boat (e.g., number and size of the seating capacity, make, or model);
  • if another party, including the Owner, is using the Boat during the booking;
  • special features represented in the listing description are not provided or do not function, such as engine breakdown, major fault, water, lights, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, WIFI, heating or air condition systems
  • the physical location of the Boat (proximity) is not that as provided in the listing;

In such circumstances the Charterer has the right to file a complaint before Check-In to book2Sail via its User Account, explaining in detail, and together with supporting pictures or documentation, such circumstances. In such instances the Charterer may decide to proceed with the Charter and he/she will not be able to request a refund of the Total Price or any part thereof, for any reason whatsoever, concerning this booking. In the event the Charterer decides to cancel the booking, Book2Sail agrees as a gesture of goodwill and without this allowing the User to hold Book2Sail liable in any way, to refund to the Charterer the Total Price (less the and the Owner’s Commission) within fifteen (15) days from cancellation via bank transfer.  

Cancellation due to Force Majeur:

In the event of cancellation due to cases or occurrences of Force Majeure within the meaning of Article 12 below, any User may request:

  1. the postponement of the booking at a later date, or
  2. the cancellation of the booking, after justifying the said reasons via a notice in writing to Book2Sail within 12 hours from the intended Check-In. In this instance a full refund of the Total Price (less the Owner’s Commission) will be given to the Charterer within 15 days from receiving such notice in writing via bank transfer.

 

12.Force Majeur

For the purposes of these Terms, the following shall constitute instances of Force Majeur:

  • Special weather  warnings preventing all sea trips;
  • Legislative and regulatory changes or political unrest;
  • Natural disasters, fires, storms, floods, wars, and acts of terrorism;
  • Strikes;
  • Failure in cooling systems and hardware, jamming and slowdowns of electronic communications network;
  • Electrical surges and shocks;
  • Safety related cancellations stemming from the event of lightning, thunderstorms, heavy rain, or heavy wind within eight (8) hours from the time  of the scheduled Check- In;
  • Death in the family;
  • Any other unpredictable circumstances beyond the control of Book2Sail.                

 

13.Damage to Boats

As a Charterer, You are responsible for leaving the Boat in the condition it was in when You first chartered it. You acknowledge and agree that, as a Charterer, You are responsible for Your own acts and omissions and are also responsible for the acts and omissions of any individuals who You invite to, or otherwise provide access to the Boat.

In the event that a Boat Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, You agree to forfeit the Security Deposit paid to the Owner, or if no Security Deposit was requested, to pay the cost of replacing the damaged items with equivalent items.

Both Charterer and Boat Owner agree to cooperate with and assist Book2Sail in good faith, and to provide Book2Sail with such information and take such actions as may be reasonably requested by Book2Sail, in connection with any complaints or claims made by Users relating to Boats or any personal or other property located on a Boat or with respect to any investigation undertaken by Book2Sail or a representative of Book2Sail regarding use or abuse of the Website, or the Services.

 

14.Insurance

It is Your duty and responsibility to know and understand what type of insurance cover, if any, is in place before chartering a Boat. Ask before you Charter!

Where insurance coverage is available, a complete copy of the insurance policy setting forth all of its terms and conditions may be requested directly from the Owner. You should not assume that You are afforded any insurance coverage unless You receive specific written confirmation of coverage from the Owner.

 

V.8 – 02.05.2017