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Terms & Conditions

TERMS AND CONDITIONS

www.sailyachts.com

 

Sailyachts.com, is an online platform specializing in yacht charter services. Sailyachts.com is a part of the Y.E. SYSTEMS LTD group of companies, registered in Hong Kong (Business Registration Number: 50379271), located at Room 1004, Laurels Industrial Centre, 32 Tai Yau St., San Po Kong, Kowloon, Hong Kong.

 

Sailyachts.com provides an online platform for guests to locate, find and rent different kinds of maritime vessels published by our charters in our website.

By booking a charter with Sailyachts.com, guests enter into a legally binding direct contractual agreement with both, the Service Provider and the Charter. The service provider facilitates this process by transferring booking details to the Charter and providing confirmation to both parties, and acts only as the provider of the web service, thus the service provider will not be responsible in any means for the compliance and/or performance and /or the lack of compliance and/or the lack of performance of the charter that the guest will book via sailyachts.com.

BY ACCESSING THIS WEBSITE OR USING ANY SERVICE PROVIDED ON THIS WEBSITE, YOU ACCEPT AND APPROVE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BEFORE ACCEPTING THE TERMS AND CONDITIONS PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.

  1. Definitions: 
    • Booking: Each reservation of a listing, confirmed in writing, between guest and a Charter via Sailyachts.com.
    • Charter: Refers to an individual or legally recognized entity, capable of entering into contracts, that owns or is duly authorized to offer listings for charter on Sailyachts.com.
    • Listing: Any yacht, sailboat, catamaran, motorboat, or other maritime vessels offered for rent by a Charter on Sailyachts.com. Listings may also include additional services related to the charter, such as crew services, additional equipment, catering options’ insurance etc’.
    • Payment Provider: This is the designated third-party service responsible for processing financial transactions on Sailyachts.com.
    • Service Provider: Refers to Y.E. SYSTEMS LTD, the entity managing and operating Sailyachts.com.
    • Service Fee: A fee levied by Sailyachts.com for facilitating a Booking, usually a predetermined percentage of the Full Booking Fee, to be paid by the Charter.
    • Guest: A competent individual of a legal age, or a legal entity represented by its authorized legal signaturee that enters into a contract with a Charter for yacht charter services via Sailyachts.com and is responsible for the Full Booking Fee.
    • Website/Site: Refers to the online platform, Sailyachts.com.
    • User/You: This term is used interchangeably to refer to both Guests and Charters who use Sailyachts.com and agree to abide by its Terms and Conditions.
    • Us/We: Denotes Y.E. SYSTEMS LTD., the Service Provider operating Sailyachts.com.
    • Business Days: standard operating days in Hong Kong when financial institutions are open for the crowd.
    • Full Booking Fee: The charge specified by a Charter for a specific listing, as published on Sailyachts.com, that will be paid by the user.
  2. Eligibility and Authority:

To use Sailyachts.com, you must be at least 18 years of age and possess the legal authority to enter into this agreement and to use sailyachts.com in accordance with all terms and conditions herein. By using Sailyachts.com, you represent and warrant that you meet these requirements and that you will not use the website in any way that violates any laws or regulations.

  1. Nature of Services:

Sailyachts.com provides an online platform that allows users to search, compare, and book listings. These services include:

  • Access to a diverse range of listings.
  • Tools to compare prices, features, and availability of listings.
  • A secure booking and payment system.
  • Customer support for inquiries and assistance with bookings.

**Note: The service provider acts as an intermediary between you and the specific charter you chose to engage with. We do not own or operate yachts or another listing, and we do not provide charter services directly.

  1. User Registration, accounts and Responsibilities:
  • To fully access the services provided by Sailyachts.com, users may be required to create an account. This account will be your personal portal for managing bookings, payments, and accessing exclusive offers. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account details and for all activities under your account

When using Sailyachts.com, you agree to:

  • Provide accurate and truthful information for bookings and account creation.
  • Use the website in a manner that is legal, ethical, and respectful of others.
  • Not engage in any activity that could damage, disable, overburden, or impair the website or interfere with any other party’s use of the website.
  • Refrain from copying, distributing, or disclosing any part of the websites in any medium, including without limitation by any automated or non-automated “scraping.”
  • Not attempt to access or search the website or download content from the website through the use of any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided by Sailyachts.com or other generally available third-party web browsers.
  1. General User Terms – Guests and Charters: 
    • Interaction and Services:

Sailyachts.com, as the Service Provider, offers an interactive online platform where Charters can list their maritime vessel for booking. Charters have the flexibility to set their rates, manage the availability of their listings, and handle upcoming bookings. They can directly communicate with us for assistance, manage booking requests, receive reviews, and post their individual terms and conditions that will bind the guest as well as this Terms and Conditions.

  • Booking Process:

A Guest on Sailyachts.com can book a listing listed by a Charter. By conforming a booking, the Guest enters into a direct contractual relationship with both the Service Provider and the Charter. The service provider facilitates this process by transferring booking details to the Charter and providing confirmation to both parties. We act as a conduit for this information, relying on the Charter for the accuracy and update of rates, availability, and other relevant listing details. The Service Provider, however, is not responsible by any means for the Charter’s performance or compliance (or the lack of performance and compliance) or  the accuracy for the details the charter provides.

  • Contractual Relationships:

Upon booking, Guests enter into a contract with both the service provider and the Charter. This contract is governed by our terms and services as well as any specific terms set by the Charter, including but not just, those relating to the booking, payment, and cancellation terms set by the charter.

  • Extended Bookings:

For bookings exceeding 30 days, specific terms and conditions may apply, and if so the specif terms and conditions will be mutually agreed upon between the Guest, the Charter, and Sailyachts.com.

 

  • Charter Responsibilities:

The Charter guarantees, declares and undertakes that:

  • Charters are responsible for accurately publish their listings and associated services, including pricing and availability. They must provide comprehensive descriptions and imagery for each listing and are fully and solely liable for maintaining compliance with all applicable laws and regulations, including maritime laws and safety standards.
  • Upon Sailyachts.com request, the charter must supply sailyachts.com with the evidence of ownership or possession of the Listingor a proof of having the right and authorization to rent such Listing and that all licenses and authorizations regarding the Listing have been orderly received.
  • By publishing the listing, the charter undertakes that all intellectual property, including the use of logos, signs, symbols etc’ that it publishes and all other intellectual property rights legally belongs to the charter and do not infringe any intellectual property right of a third party’ and it grants the service provider full and irrevocable permission to use the charter’s intellectual property on the website and for any other use, inclusive of promotional use.
  • Charters are accountable for ensuring the authenticity and legality of their listings, including ownership, rights to rent, and adherence to all applicable maritime laws and regulations. They must provide necessary documentation upon request to verify these aspects.
  • Charters are responsible for obtaining and maintaining all licenses and authorizations required by law for their listings. Sailyachts.com reserves the right to withhold fees if a Charter fails to provide necessary legal documentation.
  • Charters are expected to offer services through employees or agents who possess the required technical and professional skills, ensuring a high-quality experience for Guests.
  • Charters are responsible to define the rates for their listings and any other extra charge that may apply and are bind to the rates set at the time of booking acceptance. Sailyachts.com may at its sole discretion assist the charter in updating listings upon the Charter’s request.
  • Charters are bind to have one or more insurance policies made by a known and reputable insurance company, to insure all of the charters activities, including its obligation under this terms and conditions.
  • The charter does not have any legal and/or contractual and/or other impediment to enter into a contract under this agreement.
  • The charter obligates that all the communications and correspondence between the charter and the guest will be through sailyachts.com.
  • Once a booking made by a guest is confirmed by the charter, the charter will be obliges’ responsible and liable to supply the exact service referred in the booking.

 

 

  • Service Provider’s Role:

Sailyachts.com facilitates communication between Guests and Charters, forwarding booking requests and inquiries. We do not act as a contracting agent or representative for Charters in transactions with Guests.

  • Content Review:

Sailyachts.com reserves the right to review and remove content from Charters’ listings if it violates our Terms and Conditions, legal requirements, or reveals the Charter’s identity publicly in an inappropriate manner.

  • Service Fee Agreement:

Upon concluding a booking, Charters are obliged to pay a Service Fee to the service provider, calculated as a percentage of the Full Booking Fee.

  • Booking Confirmation:
  • Once a guest made a request to book a listing, the service provider will contact the charter. the charter will have a 24 hours’ time to respond the service provider with confirmation or rejection to the booking request.

 

  1. Content Policy:

The content displayed on Sailyachts.com, including text, graphics, images, and information obtained from service providers, licensors, and other suppliers, as well as charter booking details, are for informational purposes only. While we strive to keep the content up-to-date and accurate, we cannot guarantee the reliability or accuracy of this information.

  1. Pricing and Fees:

All prices listed on Sailyachts.com are comprehensive and transparent. The prices include:

  • The total cost of the yacht charter as provided by the charter.
  • Any applicable taxes and fees.
  • Clear indications of any additional costs or services that may be optional or mandatory. Prices are subject to change based on availability, special offers, and other market conditions.
  1. Payment Terms:

Payment for the booking of listings through Sailyachts.com is conducted using secure online payment methods. Users can pay for services using major credit or debit cards, or other approved electronic payment methods. The specific payment terms, including due dates, payment security measures, and any potential installment plans, will be clearly outlined during the booking process. Users are responsible for providing valid payment details and ensuring sufficient funds for the transaction.

  1. Booking and Cancellation Policy:

Bookings made through Sailyachts.com are subject to specific terms including availability, pricing, and cancellation policies. Upon booking, users agree to these terms. Sailyachts.com Cancellations policy is as follows:

For cancellations made within 24 hours of booking-full refund-10% of the full booking fee is retained.

For cancellations made up to 50 days before check-in date-50% of the full booking fee is retained.

For cancellations made within less than 50 days of the check-in-NO refund.

Early Bird terms :
30% deposit on approval
20% 6 months before embark
50% 3 months before embark

Cancelation policy :
10% deduction fee on first payment
20% deduction fee on second payment
50% deduction fee on 50% payment

  1. Refund Policy:

In the event of a cancellation, refunds will be processed according to the cancellation policy applicable. Refunds, if applicable, will be credited to the original payment method used for booking. The time frame for processing refunds will be communicated at the time of cancellation. In cases of no-shows or non-compliance with the charter’s terms, refunds will not be available.

  1. Cookies and Privacy Policy:

Sailyachts.com is committed to protecting the privacy and security of our users’ personal information. Our privacy policy outlines the types of personal information we collect, how we use it, the circumstances under which we may share it with third parties, and the measures we take to protect it. This policy also details users’ rights regarding their personal information and how they can exercise these rights.

By using the website, you give permission to the service provider to send you from time to time, by e-mail, text messages, chats and/or other means of communication, marketing and advertising information, offers for promotions and benefits and more. You will be entitled to cancel your consent to receive such information at any time by contacting the website.

  1. Intellectual Property Rights:

The content, design, databases, and images on Sailyachts.com are protected by intellectual property laws and are owned by Y.E. SYSTEMS LTD. or its licensors. Users may not use, copy, reproduce, modify, distribute, transmit, or display any part of Sailyachts.com or its content without our prior written consent, except as permitted under these Terms and Conditions.

  1. User-Generated Content License:

Users may have opportunities to create, post, or share content, such as reviews or comments, on Sailyachts.com. By submitting such content, users grant Sailyachts.com a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

  1. Prohibited Activities:

Users of Sailyachts.com are prohibited from engaging in activities that:

  • Are illegal, fraudulent, or deceptive.
  • Infringe on the rights of others, including privacy and intellectual property rights.
  • Introduce viruses or malicious code designed to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
  • Attempt to gain unauthorized access to our servers or networks.
  • Encourage or enable any other individual to do any of the foregoing.
  1. Third-Party Links and Services:

Our website may contain links to third-party websites or services that are not owned or controlled by Sailyachts.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Sailyachts.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused by the use of any such content, goods, or services available on or through any such websites or services.

  1. Service Modification and Availability:

Sailyachts.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sailyachts.com will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

  1. No Warranties and Disclaimers:

Sailyachts.com and its content are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, whether express or implied, as to the operation of our Service or the information, content, materials, or products included on our Service. You expressly agree that your use of our Service is at your sole risk.

  1. Limitation of Liability:

THE SERVICE PROVIDER AND /OR ITS SUBSIADARIES AND /OR AFFILIATES AND /OR SHAREHOLDERS AND/OR PARENT AND /OR DAUGHTER COMPANIES SHALL NOT BE LIABLE FOR ANY DAMAGE AND/OR DISRUPTION OF BUSINESS, LOSS OF DATA, DAMAGE OF USE LOST PROFITS OR COMPANY VALUE, OR OTHER INDIRECT, SPECIAL, SUBSIDIARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHICH ORIGINATE OUT OF THIS AGREEMENT, EVEN IF THERE HAS BEEN A CONSULTING OF THE EVENTUALITY OF SUCH DAMAGE OR LOSS AND WHETHER OR NOT THEY HAD ANY ACTUAL OR CONSTRUCTIVE KNOWLEDGE THAT SUCH DAMAGES MIGHT BE SUFFERED, AND NONETHELESS ANY FAILURE OF SUBSTANTIVE PURPOSE OF ANY LIMITED RELIEF, EXCEPT STARK CARELESSNESS AND PHYSICAL INJURIES REGARDING TO CONSUMERS. THIS EXCLUSION INCLUDES ANY RESPONSIBILITY OR LIABILITY THAT MAY OCCUR OUT OF THIRD-PARTY CLAIMS AGAINST YOU AS A CHARTER OR AS GUEST.

THE SERVICE PROVIDER AND OR THEIR DIRECTORS, AND/OR THEIR SERVANTS, AND/OR THEIR OFFICERS, AND/OR THEIR AGENTS AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CASE OF INJURY OR DEATH OR DAMAGES OR CANCELLATION OF BOOKINGS OR DELAYS CAUSED BY A CHARTER TO THE GUEST/S  BECAUSE OF THE CHARTER ACTS, OMISSIONS WHETHER NEGLIGENT OR OTHERWISE OR HOWEVER CAUSED.

THE SERVICE PROVIDER, AND/OR AND/OR THEIR SHAREHOLDERS AND/OR THEIR OFFICERS, AND/OR THEIR AGENTS, AND/OR THEIR DIRECTORS, AND/OR THEIR SERVANTS, SHALL NOT HAVE ANY LIABILITY IN CASE OF LOSS, DAMAGES, ECONOMIC LOSS HOWEVER CAUSED BY THE GUESTS  TO THE CHARTER OR TO A LISTING.

  1. Indemnification:

You agree to defend, indemnify, and hold harmless Sailyachts.com, its parent company, officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.

  1. Governing Law and Jurisdiction:

These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any principles of conflicts of law. Any legal actions, suits or proceedings arising out of these Terms and Conditions (including arbitration proceedings) will be brought exclusively in the courts of Hong Kong, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings.

  1. Changes to Terms:

Sailyachts.com reserves the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

  1. Severability and Non-Waiver:

If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.

  1. Insurance and Liability Cover:

Users assume all risks and responsibilities for their safety and well-being using this website and using the charter’s services. Users must follow the safety instructions given by the charter and/or local authorities, if any.

Users are advised to obtain appropriate travel and health insurance. Sailyachts.com is not responsible for any incidents that may occur during the charter rental period. charters may offer their own insurance and liability cover, details of which will be provided in the booking process.

  1. Compliance with Maritime and Local Laws:

All yacht charters facilitated through Sailyachts.com are obligated to comply with relevant maritime laws and local regulations of the countries in which they operate. Users are responsible for adhering to such laws and regulations during their charter.

  1. Termination of Use:

Sailyachts.com reserves the right to terminate or suspend access to our Service immediately, without any prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms and Conditions.

  1. Miscellaneous:

This Agreement constitutes the entire agreement between you and Sailyachts.com regarding our Service, superseding any prior agreements we might have had between us regarding the Service.

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Phone

+44 2038082378 (United Kingdom)
+30 2111980073 (Europe)
+1 4247380727 (North America)
+852 37027639 (Asia Pacific)

Leaving Early?

Before You Go, Let’s Talk! Need help choosing the perfect yacht package? Reach out to us! We’re here to customise your sailing experiences.