Terms & Conditions

TERMS AND CONDITIONS

This yacht charter website is owned and operated by SeaYourBoat Sàrl a company incorporated in Switzerland whose registered address is Avenue de la Rosiaz 14, 1009 Pully      , Lausanne and whose company number is CHE-386.478.963 is a domain name.

This is the user agreement that governs your use of this website and the provision of the services we provide you.

Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you.

 

1. Outlining our services

When we arrange for the charter of a boat, SeaYourBoat Sàrl mainly operates as an agency model. This means that we act as a disclosed agent for third party suppliers, such as the boat owner, charterer or charter operator. Much like an estate agent, we also act as your agent and we are responsible to you for the proper performance of those agency services. This also means that you may be required to sign a separate yacht charter party agreement (the Charter Party Agreement) with the Owner and/or Captain and Crew of the yacht that you charter through us. Any such Agreement will be independent of these Terms and Conditions, our company’s services though, include the issue of a notification to you regarding the need to sign such an Agreement. These Terms and Conditions form the contractual basis of our company’s agency services to you.

Please make sure that you have read these Terms and Conditions before completing your transaction. All relevant terms and conditions will be available to you on request from our customer sales representatives before you complete your transaction.

As we act as agent this will mean that we have no contractual liability to you in respect of that charter. If there is a problem with the boat or the boat charter then typically your contractual remedy will be against the supplier, not us. However, we may still be liable to you if we have been in breach of our agency services agreement (these Terms and Conditions), have been negligent, we have misrepresented important information or have been in breach of any other relevant law.

To complete a transaction with one of our suppliers, you must first contact us or submit an Online Enquiry Form informing us of your boat and availability requirements. An email will be sent to you confirming either your contact to us or the submission of the Online Enquiry Form, including the information you passed through to us. From then, one of our representatives will search for the right boat from our extensive list of suppliers and call you back with your options.

IN THE EVENT THAT OUR BOOKING CONFIRMATION DOES NOT PRECISELY REFLECT YOUR BOOKING REQUIREMENTS, IT IS YOUR RESPONSIBILITY TO CANCEL YOUR BOOKING REQUIREMENTS AS SOON AS POSSIBLE, BUT IN ANY EVENT NOT LESS THAN SEVEN (7) DAYS FROM YOUR CONTACT OR THE SUBMISSION OF THE ONLINE ENQUIRY FORM. WE ACCEPT NO LIABILITY FOR ANYTHING THAT MAY HAVE BEEN DISCUSSED BETWEEN US BEFORE THE SUBMISSION OF THE ONLINE ENQUIRY FORM.

Please note, all queries are subject to availability and we cannot guarantee that all of your requirements will be met.

How the transaction is then completed and the contract formally formed will be explained to you on the phone or email by our customer sales representative. This will include, without limit, whether a deposit or full payment is required to be paid and/or whether a written contract is required to be signed and/or whether additional costs or fees of any kind may be applicable to your booking.

 

2. Payments

Where we request payments to be made up-front on booking we will immediately pass the money (less our commission) to the relevant supplier. We do not sit on, or bank, your money.

All payments are done in EUR.. If you are a customer whose payment card is not denominated in EUR, the final price will be calculated in accordance with the applicable exchange rate at the day your card is issuer processes the transaction.

 While we normally ask you to pay via bank transfer or deposit directly to our branch account, we can also accept Visa, MasterCard and other debit/credit cards on request. Customers choosing to use credit cards may be subject to a credit card handling fee, depending on the card type and currency. You accept financial responsibility for all transactions made under your name or account. If you use a credit card to pay for your charter, you agree that in the event of a dispute, you will submit the claim to mutually agreed arbitration and revoke your right to reverse/cancel the charge.

Failure to supply the correct credit or debit card billing address information and/or cardholder details may result in delays to the completion of your charter reservation and risks losing the yacht charter agreement. Please ensure that the details you give match those on your credit card billing statement. We also reserve the right to cancel a booking after issuance if payment is declined or incorrect cardholder details and billing information have been supplied. Furthermore, in an effort to minimize the effects of credit card fraud, we reserve the right to carry out random checks, including checks of the electoral roll, and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement before issuing any documents.

Following our receipt of your payment, we will send you a confirmation that we have received that payment.

Upon completion of a transaction we will send to you instructions to find the boat, invoice, confirmation of payment (if relevant) and any other instructions or documents we believe necessary.

 

3. Cancellations and amendments

Cancellation of your booking can take place at anytime before payment. If payment is done though, in many cases, the Agreement between you and the supplier will not allow you to cancel and receive your money back, unless the operator can re-charter the boat. To protect yourself against this risk we suggest you purchase the relevant travel insurance.

 Further, even if a charter can be cancelled there may be charges imposed on you by our suppliers in the event that you wish to cancel, just as there may be if you want to make an amendment to your booking. Charges, as well as ability of amendments will be mentioned in the contract between you and the supplier. In addition, SeaYourBoat Sàrl reserves the right to charge 20% of the total cost of the booking, as administration costs, in the event that you cancel or where we are required to make any amendments to your booking.

If you are prevented from going on your confirmed trip for reasons beyond your control, for example, death of a close relative or jury service, you have the right to request the transfer of your booking to another person, subject to our prior approval. Such person will be bound by these Terms and Conditions as well as any other Charter Party Agreement you may have already signed. In this case you should know that you will be jointly and severally liable to our company and the supplier under these Terms and Conditions and those mentioned in the Charter Party Agreement.

 

4. Special Requests

When you make any special requests that go beyond the services listed on the website we will of course work with our suppliers to try to ensure that the special request is met. However, special requests cannot be guaranteed, and, unless any liability arises due to us not complying with this term, we cannot be liable if the special request is not met.

 

5. Information

It is important that all the information you give us when you contact us or otherwise when you use the website, is correct. This includes, without limit, ensuring that we have your correct contact (including e-mail) details at all times. It is your responsibility to inform us of any changes by contacting our customer services as soon as possible. We cannot be held liable for sending you travel documents or other relevant information where you have given us incorrect or redundant contact details.

In order to make a purchase you must be over 18 years old, be purchasing for yourself and have the legal capacity to make the transaction.

You must ensure that before travelling you have suitable and adequate travel insurance arranged to cover the entire period of your holiday. It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visas and that you have obtained any necessary vaccinations to gain entry to any country you are visiting. We advise you not to book your flights or other travel arrangements until you have received payment and booking confirmation.

All relevant travel documentation will be sent to you by e-mail in good time before the start of the charter period. Please make sure that upon your receipt of the travel documents, you check them carefully to make sure they are in accordance to our agreement. If they do not, please CONTACT US IMMEDIATELY to highlight your concern. It is your obligation to assist us to mitigate the potential loss caused by any errors by giving us adequate notice of any problem. We accept no liability for travel documentation not received.

 

6. Website Use

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

This website uses cookies to monitor browsing preferences.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade - marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

 

7. Liability

We will not be liable if for any reason our website is unavailable at any time or for any period.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

 

8. Miscellaneous Terms

We reserve the right to change these terms and conditions at any time without notice by posting a new or revised set on this web site.

 

9. Jurisdiction and applicable law

The Swiss Courts will have exclusive jurisdiction over any claim arising from, or related to, these terms or to a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by Swiss law.

 

PRIVACY POLICY

We provide this site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Privacy Policy"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. We may amend this Privacy Policy at any time by posting the amended terms on the Web Site. All amended terms automatically take effect after they are initially posted on the Web Site. You can contact us at:

 

Website Visitors

We collect non-personally-identifying information, such as the browser type, language preference, referring site, and the date and time of each visitor request. Our purpose in collecting non-personally identifying information is to better understand how our visitors use this Website.

We also collect potentially personally-identifying information, like Internet Protocol (IP) addresses. We do not use such information to identify the visitors and we do not disclose such information, other than under the same circumstances that we use and disclose personally-identifying information, as described below.

 

Gathering of Personally-Identifying Information

We may collect and store any personal information you may share with us, like: 

  • email address, password, physical contact information;
  • transactional information based on your activities on the Web Site;
  • correspondence through the Web Site to us or a Member;
  • computer sign-on data, statistics on page views, traffic to and from the Web Site, and ad data;
  • other information, including IP address and standard web log information, and supplemental information from third parties;
  • usage statistics.

In each case, we collect such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with us. We do not disclose personally-identifying information other than as described above. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

We do not collect personally identifiable information from children under the age of 12. If you believe that a child has provided us with personally identifiable information without the consent of his or her parent or guardian, please contact us at info@seayourboat.com If we become aware that a child under age 12 has provided us with personally identifiable information, we will delete such information.

 

Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized boat travel experience. We also use the information we receive about you in connection with the services of this website, other users, members, and advertisers that purchase ads on this site. For example, we may use the information we receive from you to: 

  • provide the services and customer support you request;
  • resolve disputes, collect fees, and troubleshoot problems;
  • prevent potentially prohibited or illegal activities, and enforce the Terms;
  • customize, measure, and improve our services and the Web Sites' content and layout;
  • tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and compare information for accuracy, and verify it with third parties.

 

Protection of Certain Personally-Identifying Information

We disclose potentially personally-identifying and personally-identifying information only to those of our employees, contractors and affiliated organizations that: 

  • need to know that information in order to process it on our behalf or to provide services available at the Website, and
  • that have agreed not to disclose it to others.

Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Website, you consent to the transfer of such information to them. In addition, in some cases we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if our company or substantially all of its assets were acquired, or in the unlikely event that our company goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of our company may continue to use your personal and non-personal information only as set forth in this policy.

Other than to our employees, contractors and affiliated organizations or as described above, we disclose potentially personally-identifying and personally-identifying information only when required to do so by law, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of our company, third parties or the public at large. Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

If you are a registered user of our Website and have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with our company and our services. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. We take all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

You should also be aware that if you submit information to “chat rooms,” “forums” or “message boards” such information becomes public information, meaning that you lose any privacy rights you might have with regards to that information. Such disclosures may also increase your chances of receiving unwanted communications.

 

Marketing

We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We do, however, use third-parties for website functionality, analytics, and social sharing. If you are a registered user of Facebook or Twitter, for example, our site enables your use of certain Facebook and Twitter sharing features. Social network widgets, however, may collect your social network “browser” cookies, regardless of whether you use social sharing widgets. If you are a member of social networks, you should consult the respective social networks’ privacy disclosures for more information about how they collect and share information.

 

 Links to Third Party Sites

This Privacy Policy only applies to information collected by our company. This Privacy Policy does not apply to the practices of companies that we do not own or control, or employees that we do not manage. The Website contains links to third party websites. Any information you provide to, or that is collected by, third-party sites may be subject to the privacy policies of those sites, if any. We encourage you to read such privacy policies of any third-party sites you visit. We encourage you to ask questions before you disclose your personal information to others. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of your personally-identifying information, and our company and its affiliates shall not be liable for wrongful use or disclosure of your personally-identifying information by any third party.

 

Security

We want you to feel confident about using the Website to make boat rental arrangements, and we are committed to protecting the information we collect. While no website or online service can guarantee security, including ours, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. We treat data as an asset that must be protected and use tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure.

All non-personally-identifying information, potentially personally-identifying and personally identifying-information described above is stored on restricted database servers.

 

Choice/Opt-out

If we ever send you information by e-mail concerning new products, services or information that you did not expressly request, we will provide you with an e-mail address by which you may request no further notices.

 

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. We use cookies to help us identify and track visitors, their usage of our Website, and their Website access preferences. Our Website’s visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our Website, with the drawback that certain features of our Website may not function properly without the aid of cookies.

 

Address Book Data

Any external address book data (email contacts, etc.) that a user voluntarily gives our company access to will only be used for the described feature (looking up friends, etc.), and will not be stored or repurposed.

 

Accessing, Reviewing and Changing your Personal Information

You can see, review and change most of your personal information or delete your account by logging into the Web Site at www.seayourboat.com Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Upon your request, we will close your account and remove your personal information as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce the Terms, and take other actions otherwise permitted by law. 

Copyright © 2020 SeayourBoat. All rights reserved.