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General Terms and Conditions

General Terms and Conditions for the conclusion of Yacht Charter Agreements

§1

These General Terms and Conditions for the conclusion of Yacht Charter Agreements specify the terms on which users of the Yachtgo.eu website conclude yacht charter agreements offered on this website through the website provided by Yachtgo.eu.

§2

Acronyms and abbreviations used in these General Terms and Conditions for the conclusion of Yacht Charter Agreements mean:

1) Agent - a company engaged in yacht booking on behalf of a client Manka Ratnayake Spółka Jawna with its registered office in Nowa Iwiczna at ul. Tarniny 31,KRS 0000706455, REGON 368858025, NIP 1231378176,

2) Customer - a registered user of a website who uses it to charter a yacht.

3) Customer Account - the area of ​​the website available after registering and activating the account via the link sent by email to the address provided. It enables, among others, yacht booking.

4) Operator - the Company or managing on behalf of the Company a specific yacht made available through the website.

5) Website - a website available on the Internet at www.yachtgo.eu,

6) Pre-booking (optional) - charter booking for the period specified in these conditions, its cancellation is free

7) Yacht charter agreement - it is a contract concluded between the customer and the shipowner or yacht manager, the subject of which is the charter of a yacht made available on the website.

8) OPINION - these General Terms and Conditions for the conclusion of Yacht Charter Agreements.

9) GTC - General Charter Terms, specified by the shipowner or manager. These are the terms and conditions for the charter of a particular yacht made available on the website, which specify the rights and obligations of the parties to the yacht charter agreement.

§3

1. Each customer accepts the provisions of these GTC. He also accepts that the agent only acts as an intermediary in the conclusion of the yacht charter agreement, and the parties to this agreement are the Operator and the Customer. The customer accepts that the full responsibility for the non-performance or improper performance of the yacht charter agreement, as well as all liability for damages caused in connection with the yacht charter rests with the Operator managing the specific yacht.

2. When making a reservation, the customer accepts GTC and GTC.

3. The Customer acknowledges and accepts that the Agent does not offer tourist events or related tourist services within the meaning of the Act on tourist events and related tourist services.

§4

1. The charter terms specified by the Operator are contained in the Yacht Charter Agreement managed by the given Operator.

2. Part of the photos and information published on Yachtgo.eu are downloaded via the API of the central Nausys reservation system and comes directly from the Operator, who is responsible for their content.

§5

1. The customer chooses the yacht and charter date on the website and confirms the desire to book by clicking Pre-book. Upon confirmation of booking, the Agent makes the so-called optional reservation (pre-booking) for a period not exceeding 3 days.

2. The customer has the right to resign from charter without additional costs before the deadline indicated above

3. The Agent has the right to cancel the reservation in the event of a data error or the optional reservation deadline.

3. To make a reservation, a Customer Account is automatically created for further handling of his reservation. This account remains inactive until you send it to you via the link received in the email sent to the address provided during the initial booking process. The Customer is obliged to activate his account within 12 hours of making the reservation, otherwise the Agent has the right to cancel the reservation before the abovementioned 3 days.

5. The Customer should pay the amount indicated in the Customer Account to the agent's account before the expiry of the optional reservation period. This can be done via a bank transfer or other electronic payment method provided on the Customer Account page.

6. After making the payment, the optional reservation will receive the status of confirmed reservation and the yacht charter agreement with the Yacht Operator will be activated, on the conditions specified in this agreement and in the charter terms.

7. Lack of payment within the deadline indicated on the client's account and / or withdrawal from the contract with the operator will cancel the optional reservation.

6. If the booking is made earlier than 30 days from the date of the start of the charter, the payment for the optional reservation is only a part of the total price. The remaining part of the receivables should be paid directly to the Agent's account within the time limit indicated in the Customer's Account via a bank transfer or other electronic payment method provided on the Customer's Account page.

7. The customer is obliged to declare the crew list. This can be done by using the Customer Account on the Website or by sending an e-mail to rezerwacje@tachteam.eu no later than 14 days before the start of charter. If the booking is confirmed later than 14 days before the start of charter, then on the day of its payment at the latest.

8. Lack of crew list declaration within the given period authorizes the Agent to charge the Customer an additional handling fee of 19 €, at the same time authorizes the Agent to provide the Operator with information about the Customer's refusal to provide the crew list. The yacht Operator takes over further proceedings regarding the crew list.

9. After fulfilling the abovementioned obligations, i.e. paying all fees and declaring the crew list, the Customer will receive a Boarding Pass document from the agent, which is the basis for embarking on the yacht.

10. Failure to pay all fees within the time limit entitles the Shipowner or Operator to terminate the contract and charge a contractual penalty in accordance with the rules applicable at the time of resigning from charter specified in the charter terms.

11. If the Customer provides incorrect or false address details, incorrect email address, incorrect contact phone number or inability to contact the Customer after making the reservation, the Agent reserves the right to cancel the initial reservation without informing the Customer about this fact.

12. If it is necessary to make changes to the booking after payment, resulting from the Customer's initiative (e.g. change of date, change of equipment or additional services, or transfer of the contract to another person, etc.) a handling fee of € 29 will be charged for each change.

§ 6

At the place of embarkation on a yacht, the customer should provide the Operator or his representative with:

1. Boarding Pass received from Yachtgo,

2. Document confirming the identity of the client and other participants of the cruise

3. Other documents indicated in the charter terms,

4. Documents confirming the authorization to operate the yacht in the water area where the charter is to take place, unless the Customer has additionally ordered the skipper service.

§ 7

The Customer accepts the fact that the Operator or his representative is entitled to check the rights of the yacht presented by the Customer as well as to verify the Customer's practical skills in driving the yacht. If the Operator or his representative considers that there are circumstances threatening the safe conduct of the voyage, he is entitled to embark on the skipper's yacht. The costs of skipper services are not included in the charter price and should be paid by the customer on the terms specified in the charter terms.

§8

1. In the event that the customer withdraws from yacht charter, he is obliged to pay a contractual penalty in an amount equal to:

1) Up to 30 days before the day of taking over the yacht specified in the yacht charter agreement - 50% of the fee for charter,

2) Less than 30 days before the day of taking over the yacht specified in the yacht charter agreement - 100% of the charge for charter.

2. The Customer may take out insurance of the costs of resignation from charter while booking a yacht.

§ 9

The Operator or Agent shall not be liable for non-performance or improper performance of the contract, or for any other damage suffered by the client as a result of circumstances beyond their control or circumstances of force majeure. Force majeure should be understood as any unpredictable events beyond the practical control of either party, in particular: natural disasters, warfare, emergency states, ordinances of state authorities.

§10

1. All complaints about the Agent's activities shall be submitted by the Customer or another person authorized by him to the Agent's address within 30 days from the date of the circumstances giving rise to the complaint.

2. The basis for complaints about the Operator's activities is the yacht delivery and acceptance report signed by both the Customer and the Operator. The report should contain a detailed description of the objections underlying the complaint. In the absence of such a protocol, complaints will not be considered.

3. All complaints about the Operator's actions should be submitted by the Customer or another person authorized by him in writing to the Operator's address within 30 days from the date of the circumstances constituting the basis of the complaint.

4. By submitting a complaint by email, the Customer also agrees to this way of exchanging correspondence regarding the complaint.

5. During the consideration of a complaint, the Agent may ask the Customer for additional clarifications. If the customer does not respond to such a request within 14 days, the complaint will be rejected and will not be reviewed.

§11

1. The provisions of Polish law shall apply to the contract with the agent.

2. The invoice or receipt for the Customer is issued by the Operator in the language of the country of the Operator location and in accordance with the regulations in force in that country after the end of charter. The agent is not responsible for any errors on the invoice / receipt.

3. The law applicable to the yacht charter contract shall be determined in accordance with the relevant provisions arising from the contract with the operator and the terms of charter.

4. All disputes related to the yacht charter agreement will be resolved in accordance with the regulations applicable to this agreement.

5. All disputes arising in connection with the agent's actions or omissions shall be heard by the court of general jurisdiction.

§12

1. When booking a yacht, the Customer may purchase a charter resignation insurance on the Website, while processing yacht booking.

2. The resignation insurance will cover all persons declared for this insurance in the Customer Account declared in the crew list.

3. The Customer shall, at the latest 5 days after confirming the optional booking, using the function on the Customer Account page, submit the list of insured persons. Optionally, a list of persons can be provided via email to info@yachtgo.eu. Lack of this data will make it impossible to start the insurance.

4. If the cancellation insurance is not activated for reasons as in point 3 of this paragraph, the insurance fee is not refundable.

5. The insurance period begins on the day the insurance policy is issued, no later than 10 days after payment of the optional reservation.

6. Confirmation of launching the insurance is an insurance policy which the Customer receives by e-mail to the address provided by him in the Customer Account.

7. Any discrepancies in the data on the policy should be reported to the Agent at the latest 7 days after the policy is issued.

8. Detailed insurance conditions are available at https://yachtgo.eu/en/travel-insurance.

9. Non-compliances not reported to the Agent within the time limit cannot be the basis for a complaint.

10. The costs of changes made to policies after they have been issued, which are not the fault of the Agent, shall be borne by the Customer. The handling fee added to the cost of each shift is € 15.

§13

1. As part of the yacht booking process on Yachtgo.eu, the Customer may also purchase crew travel insurance. This insurance covers persons declared to the crew list in the Customer Account.

2. In the absence of a crew list declaration, crew insurance will not be activated.

4. If the crew insurance is not activated for reasons as in point 2 of this paragraph, the insurance fee is not refundable.

5. The insurance policy is delivered to the Customer to the email address provided by him in the Customer Account. It confirms the activation of the insurance.

6. Any data discrepancies in the policy should be reported to the Agent at the latest 7 days after the policy is issued.

7. Non-compliances not reported to the Agent as described in section 6 of this paragraph may not be the basis for a complaint.

8. The costs of changes made to policies after issuing them, which are not the fault of the Agent, shall be borne by the Customer, and the handling fee added to the cost of each change shall be € 15.

9. Detailed insurance conditions are available at https://yachtgo.eu/en/travel-insurance.

 

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