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Msida Marina, Malta.

Version 9: last modified 10.05.2019

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

·        Booking/s means each discrete booking of a Boat/ Vessel listing made by a Charterer offered by a particular Owner via the Website;

·        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/Vessel via the Services;

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

·        Check-Out means the date and time when the Charterer leaves the Boat/ Vessel at the end of the charter period;

·        Full Booking Fee means the total fee that is set and posted on the Website by each Owner for each Boat / Vessel listing;

·        Owner means a person who owns a Boat(s)/Vessel(s) or a person who is duly authorised by a Boat/Vessel owner, and who creates and manages a Boat/Vessel listing on the Website and is responsible for accepting chartering of such Boat(s)/Vessel(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/Vessel 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 is 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/Vessel Owner. You hereby expressly accept this limitation of liability of Book2Sail, and in consequence, Book2Sail is only responsible for managing and formalizing the booking of the chosen Boat/Vessel, 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/Vessels to facilitate the rental of such Boats/Vessels.

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 on the Boat(s)/Vessel(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/Vessel 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/Vessel was properly operated by a person who has a nautical license. The Owner is the person bound to ensure that his / her Boat/Vessel 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.

You will create your own User Account with Our Website for Your use of the Services based upon the personal information You provide. 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. Any required change in Your personal details held on Our records will incur an administration fee of forty-five Euros (€45).

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/Vessel, You are responsible for ensuring that You are legally authorized to operate a Boat/Vessel in the state in which You are renting and that You hold the necessary nautical license; The Owner reserves the right and may require the Charterer to demonstrate his/her competence prior to the beginning the Charter;

·        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)/Vessel(s) for chartering or transact legitimate Boat/Vessel chartering for You or for another person for whom You are legally authorised to act;

·        You will inform such other persons about the Terms and Conditions that apply to the Boat/Vessel 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/Vessel;

·        You have checked the terms of the contract before signing the Charter Agreement with the Owner, the state of the Boat/Vessel, the validity of any technical controls, the presence on board of any security weapons and that it complies with the navigation category of Boat/Vessel and that the Boat/Vessel is equipped with fully functional safety equipment;

·        You will inform Us through Your User Account or via Email, within 24 hours from Check-In of any litigation / dispute related to the chartering of the Boat/Vessel, in order to claim refund of payment and this in accordance to Clause 11 below. If You notify us via email, You need to ensure that the email used is the one linked to Your User Account; 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 and consent 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.

·        You agree to fully assess the condition of the Vessel along with all listed features and additions prior to beginning of the Charter, to the best of Your ability.

·        Should You decide on a specific route offered to You by Book2Sail, the responsibility of checking weather conditions remains with You, and though Book2Sail will always make reasonable efforts to check weather conditions, We accept no liability in this regard.

·        Check in / Check out process needs to be agreed to between Yourself and the Owner of the Boat prior to the beginning of the charter.

8.Booking a Boat/Vessel

The Owner/s, not Book2sail, are solely responsible for honouring any confirmed bookings and making available any Boat(s)/Vessel(s) reserved through the Services. If You choose to enter into a transaction with an Owner for the booking of a Boat/Vessel, 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/Vessel 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/Vessel 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/Vessel, 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/Vessel 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 24 (twenty-four) hours to accept or reject the booking offer. We will inform You by sending You a notification to Your User Account and to Your registered email address, 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 Full Booking Fee;

·        You will then be directly contacted by the Owner 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/Vessel for chartering, and You may submit another booking offer if the alternative Boat/Vessel offered is to Your liking.

9. Payment and Security Deposit

For payments, credit card usage and use of electronic money on our Website, we refer to our payment provider ‘Truevo’ and their terms of use. By agreeing to Our Terms and Conditions you accept Truevo’s Terms of Use which you can access on the below link:

https://truevo.com/terms-of-use/

Each transaction processed via Truevo payment gateway cannot exceed five thousand Euros (€5,000). Any Full Booking Fee or possible payments exceeding five thousand Euros (€5,000) would have to be permitted by Book2Sail.

Payments to Book2Sail may also be made via direct bank transfer to the bank details provided by Book2Sail. In case of payment by more than one instalment as descried below then two wire transfers will take place correspondingly.

For Boat/Vessel Bookings made more than 40 days before the scheduled Check-In payment is made as follows:

–         60% of the Full Booking Fee upon Booking confirmation.

–         40% of the Full Booking Fee is payable 40 days before the scheduled Check-In

 

For Boat/Vessel Bookings made less than 40 days before the scheduled Check-In 100% of the Full Booking Fee is to be paid upon Booking confirmation.

 

Book2Sail will notify the Owner once a Charterer has successfully completed payment. Book2Sail shall forward the payment to the bank account of the Owner (as provided to Book2Sail) within seven (7) Business Days.

 

Security Deposit: You as the Owner may require an additional security deposit for the chartering of Your Boat/Vessel. If required, the amount of the Security Deposit will be listed by You on Our Website when listing Your Boat/Vessel. Such Security Deposit, is payable directly to You by the Charterer, upon Check-In, and You will return the deposit upon the end of the charter and once You have checked that the Boat/Vessel has been returned in good order and without suffering any Damage as defined in Clause 14 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.

10.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/Vessel Owner cannot request the cancellation of a booking which he has confirmed, except in cases of Force Majeure as defined in Article 13.

In the case of special personal circumstances, which may lead to the Owner cancelling the booking, We will endeavour to offer the Charterer an alternative Boat/Vessel for the same period. If no alternative solution is found, We will refund the Charterer the Full Booking Fee.

Following three (3) consecutive and abusive cancellations on the part of the Owner, Book2Sail reserves the right to suspend and/or block indefinitely 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 Full Booking Fee or any part thereof under any circumstances and the Owner will receive the Full Booking Fee.

Cancellation on the part of the Charterer:

The Charterer may cancel the booking as follows:

  1. If the Charterer cancels the booking for any reason and/or for convenience, within twenty-four (24) hours from Booking a refund of the Full Booking Fee will be given less 10% handling fee due to Book2sail;
  2. If the Charterer cancels the booking for any reason and/or for convenience, within two to three months before scheduled Check-In, he/she will be refunded 70% of the Full Booking Fee;
  3. If the Charterer cancels the booking for any reason and/or for convenience, within one to two months before scheduled Check-In, he/she will be refunded 50% of the Full Booking Fee;
  4. If the Charterer cancels the booking for any reason and/or for convenience, within less than 30 days before scheduled Check-In, no refund will be provided to Charterer;

 

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

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

1.     If the description of the Boat/Vessel in the listing on the Website or in the charter agreement is materially inaccurate with respect to:

·        the size of the Boat/Vessel (e.g., number and size of the seating capacity, make, or model);

·        if another party, including the Owner, is using the Boat/Vessel 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/Vessel (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 but he/she will not be able to request a refund of the Full Booking Fee or any part thereof, for any reason whatsoever, concerning this Booking. In the event the Charterer decides to cancel the Charter, 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 Full Booking Fee within fifteen (15) days from cancellation via bank transfer.

11. Cancellation due to Force Majeure:

In the event of cancellation due to cases or occurrences of Force Majeure within the meaning of Article 13 below, any User may request:

1.     The postponement of the booking to a later date, or;

2.     The cancellation of the booking, after justifying the said reasons via a notice in writing to Book2Sail within 24 hours from the intended Check-In. In this instance a full refund of the Full Booking Fee 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 Majeure:

·        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/Vessels

As a Charterer, You are responsible for leaving the Boat/Vessel 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/Vessel.

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/Vessels 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/Vessel. 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.9 – 10.05.2019