1. Introduction
These General Terms and Conditions, hereinafter ‘this Agreement’, set forth the terms and conditions that govern Your use of and participation in Book2Sail Services. By accessing or using the Services You signify that You have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Book2Sail Privacy Policy whether or not you are a registered user of our Services.
Book2Sail means SAS Marine Services Limited, and https://book2sail.com/ also hereinafter referred to as ‘Us’, ‘We’, ‘Our/s’. User and Book2sail may hereinafter be referred to as ‘party’ or collectively as the ‘parties’.
Whether You are a Boat/Vessel Owner or someone who wants to charter a Boat/Vessel, We invite You to read this Agreement carefully. This Agreement contains important information regarding your legal rights, remedies and responsibilities.
BY USING THE BOOK2SAIL SERVICES, YOU ARE AGREEING TO THIS AGREEMENT’S TERMS AND CONDITIONS AND YOU ARE ALSO AGREEING TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH OTHER AGREEMENTS, DOCUMENTS, POLICIES AND RULES INCORPORATED HEREIN.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU CAN NOT USE OR ACCESS THE SERVICES WE PROVIDE.
We may, in Our sole discretion, modify or update this Agreement from time to time. When We change the Agreement, we will update the “last modified date” at the top of this page making it important that You periodically review this Agreement. If there are material changes to this Agreement, We will notify You either by prominently posting a notice of such changes prior to implementing the change on Our Website or by directly sending You a notification, provided that no notice shall be required for non-substantive changes to this Agreement. If We substantively amend this Agreement, You may reject the changes by closing Your User Account or ceasing from using Our Services. Your continued use of the Services after any such change constitutes Your tacit acceptance of the revised Agreement. If You do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Services. This Agreement applies to all visitors, users and others who access the Services (collectively, ‘Users’, ‘You’, ‘Yours’).
BOOK2SAIL HAS NO CONTROL OVER THE CONDUCT OF CHARTERS, OWNERS OR OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
1. Definitions
· Boat/Vessel 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 https://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;
· “Intellectual Property” or “Intellectual Property Rights” mean copyright, database rights, trademarks, patent rights, service marks, trade dress, moral rights, author’s rights, goodwill, trade secrets, website content, graphic elements, and other intellectual property rights, design rights of the Website (whether capable of being registered or otherwise) as may now exist or hereafter come into existence in any jurisdiction in the world, and all renewals and extensions thereof relating to the Website and Services and includes Intellectual Property owned by Book2Sail;
· 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;
· Software means the Book2Sail booking platform and software, which was developed by Book2Sail and integrated with a payment gateway, and collectively deployed on the Website and which a User will use when visiting Our Website or when logging in to his/her User Account and includes all interfaces and customisation of such, and which will enable an Owner to list his own Boat/Vessel on the Website or a Charterer to book a Boat/Vessel via the Website;
· Terms mean this Agreement together with all the other Policies available on Our Website;
· User means any User of the Website and/or Services whether he /she is an Owner or Charterer or any other User of the Website;
· User Account means an online account created by a User via the Website in order to use the Services;
· Website means www.book2sail.com;
2. Acceptance of Policy
This Agreement is supplemented by the Owner’s and Charterer’s Policies and the Privacy Policy found here, which are incorporated herein by reference and are applicable to You. A separate Boat Charter Agreement will be in place between the Owner and the Charterer. 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. 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 Boat/Vessel, and of managing payment of the Full Booking Fee according to the terms stipulated in Our Owner’s and Charterer’s policies. The Parties agree that in case of contradiction between the information on the Website and the Terms, the latter shall prevail.
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 Owners and Charterer to list and view available Boat(s)/Vessel(s) to facilitate the rental of such Boat(s)/Vessel(s). Book2Sail offers a Service allowing Boat Owners and those interested in chartering a Boat/Vessel to transact directly with each other. Important! Book2Sail does NOT offer Boat/Vessel charter or rental services, instead while Book2Sail helps facilitate successful transactions and the resolution of disputes, We do NOT guarantee the quality, safety, truth or accuracy of Boat Charter Agreements, User Content, insurance coverage or other services or transactions taking place between the Owners and the Charterers.
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. You are solely responsible for abiding by the laws and regulations when using the Services.
The full acceptance without reservation by You of this Agreement shall be deemed to be given if the latter has checked the “I accept the General Terms and Conditions” checkbox before an Owner submits a Boat/Vessel listing on the Website or before a Charterer submits a booking via the Website.
3. Other Policies Incorporated Herein
In using Book2Sail’s Services, You agree that You have read, understood and will be bound by and act in accordance with all of the agreements, documents, policies and rules relating to the Services and which are incorporated herein as if they were set out in full including, but not limited to:
By using the Services, You agree You are making yourself a party to and will be bound by the terms of the various agreements listed above.
The Services as well as other documents incorporated herein may contain different terms and conditions or may require the User to agree with and/or accept additional and/or different terms and conditions. If a conflict arises between the terms of this Agreement and the terms and conditions posted for a specific area of the Services or contained within a document incorporated herein, the latter terms and conditions will take precedence with respect to Your use of or access to that aspect of the Service.
4. Book2Sail User Accounts
No matter whether You’re a Boat/Vessel Owner seeking to list Your Boat/Vessel for charter or a Charterer seeking to charter a listed Boat/Vessel on Book2Sail, you might need to apply for a “User Account” with Us.
By applying for a User Account, You give Us permission to disclose the information You provide on Your application to third parties for verification purposes. Kindly review and accept our Privacy Policy before creating a User Account. Book2Sail may accept or reject User Account applications in its sole discretion for any reason. If Your application for a User Account is accepted, You acknowledge and agree to abide by the Eligibility Requirements listed in the Owner’s and Charterer’s Policies which are applicable to You respectively and which are incorporated herein.
Your User Account gives You access to the Services and functionality that We may establish and maintain from time to time and in Our sole discretion.
Your User Account is for Your personal use only. You may not create a User Account on behalf of a business entity unless the Boat/Vessel is owned by a corporate body. If the Boat/Vessel is owned by a business entity You warrant and represent to Book2Sail (i) that You have authority to manage the Boat/Vessel on behalf of the entity, (ii) that the business entity specifically authorizes the Boat/Vessel to be chartered, (iii) and that said entity is active, in good standing and authorized to do business in the state in which the Boat/Vessel is to be chartered.
You may not use another User’s account, permit anyone else to use Your User Account, or assign or otherwise transfer Your User Account to any other person or entity. When applying for and creating Your User Account, You must provide accurate and complete information, and keep such information updated and accurate throughout the term of this Agreement. You are solely responsible for the activity that occurs on Your User Account, and You must keep Your User Account password secure. You must notify Book2Sail immediately of any breach of security or unauthorized use of Your User Account. Book2Sail will not be liable for any losses caused by any unauthorized use of Your User Account.
You can also create a User Account by registering via 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.
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.
You may control Your User Account and how You interact with the Services by changing the options in Your User Profile Page. By providing Book2Sail your email address, You consent to Our using the email address to send You Service-related emails, including any notices required by law, in lieu of communication by postal mail. By providing Book2Sail your mobile phone number, You consent to Our using phone number provided by You to send You Service-related SMS messages. You may not opt out of Service-related emails or SMS messages. We may also use Your email address and/or cell phone number to send You other messages, such as changes to features of the Service and special offers. If You do not want to receive such messages, You may opt out or change Your preferences in Your User Profile Page. Opting out may prevent You from receiving such marketing related messages or offers, however, it will not prevent Book2Sail from sending You any emails or SMS messages in relation to bookings, changes to this Agreement or Service related procedures.
5. 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.
6. The Services
The Services can be used to facilitate the listing and booking of Boat(s)/Vessel(s) for Boat/Vessel chartering. The Boat(s)/Vessel(s) available for charter are included in listings on the Website by Boat Owners. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Boat/Vessel or create a Listing, you might first want to create a User Account (defined above).
As stated above, Book2Sail makes available a platform or marketplace with related technology for Charterers and Owners, to meet online and arrange for bookings of Boat(s)/Vessel(s) to be chartered. Book2Sail is NOT the owner, operator, broker, manager, repairer, insurer, Charterer, licensor of any of the Boat(s)/Vessel(s) and Book2Sail possesses no legal interest in any of the Boat(s)/Vessel(s) listed on its Website. Book2Sail’s responsibilities are strictly limited to: (i) facilitating the availability of the Services and (ii) serving in the limited capacity as payment agent of each Owner for the purpose of accepting payment from Charterer on behalf of the Owner.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF BOAT(S)/VESSEL(S). BOOK2SAIL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, SUITABILITY, INSURABILITY OR SEAWORTHINESS OF ANY BOAT(S)/VESSEL(S). BOOK2SAIL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS. ACCORDINGLY, ANY BOOKINGS AND CHARTERS ARE MADE AT THE CHARTERER’S AND BOAT/VESSEL OWNER’S OWN RISK. IT IS ALSO YOUR RESPONSIBILITY TO MAKE CERTAIN YOU HAVE ALL NECESSARY INSURANCE COVERAGE.
7. Book2Sail’s Obligations
Book2Sail undertakes to use its best efforts to operate the Website in accordance with Clause 15 below, to meet the demands of the Users without unnecessary delay, and to make the payments due to the Owner or Charterer as per the terms of the Owner’s Policy and Charterer’s Policy; allow Users to download / save or print the User profile and be able to access all transactions carried out via the Website (including Full Booking Fee paid) and any additional services which were purchased via the Website through their User Account;
8. No Endorsement
Book2Sail does not endorse any Users and does not recommend one over the other and further does not provide advice to Users regarding which Users to select for the chartering. All comments or reviews posted by Book2Sail Users, on Our Website do not represent the views of Book2Sail in any way and are not endorsed by Book2Sail. In addition, although this Agreement requires Users to provide accurate information, We do not attempt to confirm, and do not confirm, any User’s purported identity or other information provided by such User.
You are responsible for determining the identity and suitability of others whom You contact via the Services. Except as provided by this Agreement, and among other limitations, Book2Sail will NOT be responsible for any damage or harm resulting from Your interactions with other Users.
9. Your Use of the Services
Users agree not to engage in any of the following prohibited activities:
· Copying, distributing, or disclosing any part of the Services in any form via any medium, including without limitation by any automated or non-automated ‘website scraping’;
· Using any automated system, including without limitation “robots, “spiders, “offline readers, etc., to access the Service in a manner that sends more request messages to the Book2Sail servers than a human can reasonably produce in the same period of time by using a conventional online web browser except that Book2Sail grants the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
· Transmitting spam, chain letters, or other unsolicited email;
· Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
· Taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on Our infrastructure;
· Uploading, sending or storing invalid data, viruses, worms, or other software agents through the Service;
· Deep-link to any portion of this Website (including, without limitation, the purchase path for any Boat/Vessel rental reservation) for any purpose without our express written permission;
· Collecting or harvesting any personally identifiable information, including account names, from the Service;
· Using the Service for any commercial solicitation purposes;
· impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
· Interfering with the proper working of the Service;
· Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
· Bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
· Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; or
· ‘Frame’, ‘mirror’ or otherwise incorporate any part of this Website into any other Website without our prior written authorization.
Book2Sail may permanently or temporarily terminate, suspend, or otherwise refuse to permit User access to the Services without notice and liability for any reason, including if in Book2Sail’s sole determination User violates any provision of this Agreement, or for no reason.
10. Policies
If you are an Owner, you agree to the Owner’s Policy. By accessing or using the Service, you signify you have read, understood and agreed to be bound by the Owner’s Policy.
If you are a Charterer, you agree to the Charterer’s Policy. By accessing or using the Service, you signify you have read, understood and agree to be bound by the Charterer’s Policy.
11. Feedback
Charterers and Owners are required to submit feedback on the Services following the completion of each charter.
Some areas of the Service may allow Users to post feedback, comments, questions, and other content or information (any such materials a User submits, posts, displays or otherwise makes available on the Service is referred to as ‘User Content’). You retain ownership of Your User Content. You are solely responsible for the User Content that You upload, publish, display, link to or otherwise make available on the Service, and You agree that we are only acting as a passive conduit for Your online distribution and publication of your User Content. You understand that Book2Sail does not guarantee any confidentiality with respect to any User Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through Your use the Service, is solely Your responsibility. Book2Sail is not responsible for any public display or misuse of Your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Book2Sail shall not be liable for any damages You allege to incur as a result of such User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy.
By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a particular User or third party that caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Book2Sail with respect to such actions or omissions. If You have a dispute with one or more Users, You release Us (and our officers, directors, employees, agents, subsidiaries, insurers and underwriters) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or Your use of the Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE BOAT/VESSEL CHARTERS. BOOK2SAIL CANNOT AND DOES NOT CONTROL THE CONDITIONS OF THE BOAT(S)/VESSEL(S) PROVIDED THROUGH THE SERVICE, AND DOES NOT CONTROL THE BEHAVIOR OF ANY USER OR THE ACTIONS OF ANY USER. BOOK2SAIL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL CHARTERS AND USER CONTENT. ACCORDINGLY, ANY CHARTERS MADE BY A USER, CHARTERER AND/OR OWNER IS MADE AT THE USER’S, CHARTERER’S AND/OR OWNER’S OWN RISK.
12. Reseller Program
Book2Sail also offers a Reseller Program to parties, individuals or companies who are interested to be non-exclusive resellers of the Services via their own online portals / websites. Resellers of Book2Sail are subject to these General Terms and Conditions, and the Reseller fully understands and agrees that as reseller of the Services, he is the responsible person vis-à-vis the Charterer, the charter of the Boat/ Vessel, and the collection of the Full Booking Fee from the Charterer. The Reseller fully exonerates Book2Sail from any liability or responsibility arising from the relationship with the Charterer, the charter of the Boat/Vessel or the collection of the Full Booking Fee. The Reseller also has the obligation to transfer the Full Booking Fee to Book2Sail so that Book2Sail can transfer payment to the Owner. In order to enter into our Reseller Program kindly contact us directly on info@book2sail.com.
13. Separate Agreements
Users acknowledge and agree that they will be required to enter into a separate agreement and/or waiver, directly between the Owner and Charterer, prior to making a booking or using the Services and such agreement may place additional restrictions on Your booking, or service. Any separate agreements and/or waivers relating to the rental of a Boat/Vessel or related services are under the sole control of the User.
14. Release and Indemnity
IN THE EVENT OF A DISPUTE BETWEEN A CHARTER AND AN OWNER ARISING FROM SUCH SEPARATE AGREEMENTS OR TRANSACTIONS, YOU HEREBY RELEASE AND HOLD BOOK2SAIL AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY CLAIMS, COSTS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
15. Insurance
Book2Sail is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Website, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. You are solely responsible to ensure that Your Boat/Vessel or the Boat/Vessel You have booked to charter is covered by the necessary insurance cover.
16. Software License
Book2Sail hereby grants You a limited, non-exclusive, non-transferable, revocable license, to use the Software through Your User Account, and such Software may be used on any computer or mobile device. You may not i) modify, disassemble, decompile or reverse engineer the Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party; (iii) make any copies of the or replicate the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other Intellectual Property Rights notices on the Software.
You understand and agree that Book2Sail may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that You are using. You agree to receive such automatic updates to the Software on Your computer or mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You acknowledge that any third-party software or open source software that may be incorporated in the Software is covered by the applicable open source or third-party license, if any, authorizing use of such.
The above license grant to You is not a sale of the Software or any copy thereof, and Book2Sail or its third party licensors retain all right, title and interest in the Software (and any copy thereof).
17. Exclusion of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND BOOK2SAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BOOK2SAIL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.
BOOK2SAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
· THE INFORMATION PROVIDED BY USERS IS TRUE OR CORRECT,
· BOAT/VESSEL RENTALS WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED OR PURCHASED RESERVATION,
· YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
· YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
· ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
· THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
18. Limitation of Liability
IN NO EVENT WILL BOOK2SAIL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PARTY FOR:
· ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OR CHANGE IN ADVERTISED AND/OR BOOKED BOAT/VESSEL CHARTERS) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICES, EVEN IF BOOK2SAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
· ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
o ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
o ANY CHANGES WHICH BOOK2SAIL MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
o YOUR FAILURE TO PROVIDE BOOK2SAIL WITH ACCURATE ACCOUNT INFORMATION;
o YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.ANY BODILY INJURY OR DEATH THAT MAY OCCUR AS THE RESULT OF A BOATING RELATED ACCIDENT, THE RESERVATION FOR WHICH WAS FACILITATED USING BOOK2SAIL’S SERVICES. YOU AGREE THAT BOOK2SAIL IS NOT A PARTY TO ANY CONTRACT OR AGREEMENT FOR BOAT/VESSEL CHARTERS AND IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A BOAT/VESSEL CHARTER WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY CHARTERER, BOAT/VESSEL OPERATOR, OR MEMBER, OR THE SAFETY OF ANY BOAT/VESSEL OR FOR ANY OTHER REASON.
Notwithstanding the Terms, if Book2Sail is held liable, Book2Sail’s entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the Service fees You paid to Book2Sail in connection with Your use of the Website (if any), or (b) One-Hundred Euros (EUR 100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.
19. Indemnification
You agree to defend and indemnify Book2Sail, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought as a result of:
· Your breach of any of the terms of this Agreement;
· Your violation of any law or the rights of a third party; or
· Your use of this Website and the Services.
20. Privacy and Confidentiality
We care about the privacy of our Users. Our Privacy Policy outlines how We use and safeguard Your information and said policy is incorporated herein as if set out in full. You understand by using the Services, You are consenting to the collection, use and disclosure of Your personally identifiable information and aggregate data as set forth in our Privacy Policy.
21. Intellectual Property Rights
All Website content (except ‘User Content’ as defined above), and all Intellectual Property shown on the Website (including its organization and presentation) are the exclusive property of Book2Sail and its licensors.
Except as specifically provided herein, You agree not to and You have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell, or re-sell any information, software, content products, services or other Intellectual Property available on or obtained from the Website. Use of Book2Sail Intellectual Property and content available on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.
22. General
Assignment. This Agreement, the Services and any modifications thereto may not be assigned or in any way transferred by You without the prior written consent of Book2Sail. Book2Sail may assign this Agreement, and any information You provide without Your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.
Governing Law. The terms of this Agreement shall be interpreted and construed in accordance with the laws of Malta. The original form of this Agreement has been written in the English language and such version shall prevail over any other versions in different languages.
Choice of Forum and Venue. In the event of any disputes arising from this Agreement You hereby consent to the exclusive jurisdiction of the Courts of Malta.
No Responsibility for Force Majeure. Book2Sail shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to Force Majeure.
For the purposes of this Agreement, 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.Book2Sail is hereby released by a User from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.
Waiver. No waiver of any of the terms of this Agreement shall be deemed a waiver of any other such Terms set forth herein.
Entire Agreement. This Agreement constitutes the entire agreement between You and Book2Sail with respect to the subject matter covered herein, including use of the Services and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Termination. Book2Sail may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate a User’s use of all or any portion of the Services if User is in breach of any of the terms of this Agreement, or at any time or for any reason, at the sole discretion of Book2Sail.
No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between You and Book2Sail as a result of this Agreement or use of the Website.
Notice of Claim. You agree that all disputes arising out of this Agreement or the use of Book2Sail’s Services shall be communicated to Book2Sail in writing within twenty four (24) hours from the date of the incident subject of the dispute. You hereby waive Your right to any claim against Book2Sail not communicated as provided in this clause.
Signature. You understand that by checking the box next to “I have read and agree to the General Terms and Conditions”, You are electronically signing this Agreement. If You accept or agree to this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to this Agreement and in that case, “You,” “Your” and “User” will refer to that company or other legal entity.
Any rights not expressly granted herein are reserved by Book2Sail.
Please contact us at info@book2sail.com with any questions regarding this Agreement.
V.5– last modified 10.05.2019