Terms and Conditions of Use

These terms and conditions of use (hereinafter, the “Agreement”) set forth the general terms and conditions regulating the use of our Website www.yachtservices.gr (hereinafter, the “Website”) and the services offered herein.

We encourage you to read the terms carefully as they constitute all the rights and obligations of Yacht Services and the Users regarding their purpose.

Definitions

In this Agreement, the below terms (either used in plural or singular) have the following meaning:

“Yacht Services or Service Provider”: Yacht Services is a company established in Greece having its offices in Glifada 38 Ermou Str., 166 74, Greece;

“We”: stands for the Service Provider ;

“Owner”: the Owner is either a private or professional individual or a legal entity having full Ownership of a Yacht (or any other type of vessel); this term may also refer to any Owners’ representatives.

“Private Owner”: refers to any Owner who does not use the Service on a professional basis pursuant to the applicable Greek Regulations and Laws;

“Professional Owner”: refers to any Owner who uses the Service on a professional basis pursuant to the applicable Greek Regulations and Laws;

“Guest”: the Guest is an individual of adequate legal age (i.e. above the age of 18) and of full capacity to contract with a particular Owner for the booking of a respective Listing.  This term may also refer to any lawful entity being represented by an individual who must prove their authority to bind the entity by entering into this Agreement and/or any booking;

“User”: this term refers to any individual using the Website and the services offered, either as an Owner or as a Guest;

“Listing”: listings are catamarans, jet skis, motorboats, RIBs, sailing boats and yachts of a particular Owner which are uploaded on the Website and are available for booking by Guests;

“Booking”: booking is the Guests’ written confirmation for the reservation of a particular Listing uploaded on the Website;

“Service”: this term refers to the service of placing Guests and Owners in contact for the Charter (either rental or co-saling). Service is also the tool for managing bookings, cancellations and payments between Users;

“Full Booking Fee”: refers to the total fee that is due by the Guests for the booking of each specific Listing;

“Service Fee”: refers to the commission which is payable to the Service Provider by the Owners for the booking of each specific Listing;

“You”: refers to the Users;

1. Acceptance of the Agreement & Revisions

This Agreement is a legally binding contract between the Users and the Service Provider governing their relationship and is complementary to our Privacy Policy.

It is agreed that in case any inconsistencies arise between the Website and the Agreement, the latter will prevail.

When signing up online either as a Guest or as an Owner, and by ticking the box “I agree with the terms & conditions”, Users are deemed to have fully and unequivocally accepted this Agreement.  By not accepting the terms & conditions, Users will not be allowed to sign up and create an account.

Yacht Services reserves the right to revise and modify the Agreement at any time without any prior notice and at our discretion. The latest version will be uploaded on this page and will supersede all previous revisions.

The revised Agreement shall be deemed to apply to existing contracts/bookings.

Users’ continued use of the Website and service constitutes tacit acceptance of the revised Agreement.

2. Scope of the Services Provided

Yacht Services provides an online platform whereby Owners can make available through our Website their listings for booking.

In this respect, Owners may upload their listings including full descriptions of the boat offered (i.e. type of boat, pricing, guests accommodation availability, etc), may obtain and manage any future bookings as well as get into contact with the Service Provider.

Guests may make a booking through the Website, thus entering into a contract with the Owner and the Service Provider. The latter is merely a provider of the web service, transferring the details of each Guests’ Booking offer to the Owners and the approval, refusal, or cancellation of the booking to the Guests for and on behalf of the Owner. Guests agree that they are bound once the booking has been confirmed and are subject to the booking terms and conditions that will apply to the particular Booking with the respective Owner referring to payment, cancellation and other related matters.

Users agree that Yacht Services is a third party in terms of the services provided by the Owners and therefore, is responsible only for establishing the contact between Guests and Owners. Yacht Services is by no means liable for the non-performance or breach of Users’ contractual obligations.

3. Legal Capacity

The Service is reserved for individuals of lawful age (i.e. above the age of 18) and of full capacity to enter into obligations and be responsible for any contractual and/or financial liabilities which may arise following the use of the services offered.

4. Use of the Service

4.1. User Account

In order to benefit from and use the Service we provide, Users are required to create an account by following the procedures shown on our Website. Users will be prompted to fill in their full name, email, and mobile number and set a username along with a password. The username and password will be then forwarded to the Users’ email who are solely responsible to maintain the confidentiality of their access codes. Users are also required to update timely their contact details on their profile in case there has been a change.

Yacht Services is not liable in case the Service is used by third parties (i.e. persons other than the Users or persons authorized by them) who are in possession of their login information.

In case Users have forgotten their username or they have noticed an improper access to their account by an unauthorised party, they should contact the Service Provider by email at info@yachtservices.gr.

In case Users have forgotten their password, same may be changed by clicking Forgot Password.

4.2. Publication of a Listing

Once an Owner has set up an account, one or more Listings may be uploaded for rental or co-sailing subject to Clause 6.3.

Whilst adding a listing, Owners are required to fill in a number of fields (i.e. vessel’s location, maximum and minimum capacity regarding guests onboard, the availability or non-availability of a skipper, amenities, the dates the vessel is available, photos etc). Mandatory fields include the following:

– Boat’s particulars, i.e. type, length, year built, model, manufacturer;

– Listing Price, i.e. price per night according to the availability dates, weekend price etc;

– Listing Taxes, i.e. city fee, harbour mooring tax etc;

– The amount of any security deposit required;

– Cancellation Policy;

– Business Address;

– Any additional costs (cleaning, bedding, fuel etc);

It is reiterated that Yacht Services is only responsible for establishing the contact between Guests and Owners, thus we deny any responsibility for any inaccuracy and/or misleading information provided under each Listing.

Owners are solely responsible to provide accurate and updated information as far as the Listings are concerned including but not limited to, the rates for the booking, details, terms, photos and any other material information related to the Listings.

Any Listings added by an Owner are subject to the Service Provider’s approval before appearing online.

Once published on the Website, Yacht Services will display the Full Booking Fee corresponding to the total price payable by the Guests, which includes the hire price inclusive of any applicable taxes and additional costs, excluding however fuel costs, unless expressly referred to in the respective Listing.

A 10% service fee is to be deducted from earnings and extra options, whereby earnings do not include the security deposit, city fee or any other taxes.  The Owner acknowledges and agrees that Yacht Services is authorized and entitled to deduct and retain the service fee from the collection of each Listing’s fees.

4.3. Guests’ Booking Offer

Having set up an account, Guests may search for and view available Listings, apply for a Booking and/or contact the Owner.

Each Guest may select a boat, the date of commencement/ end of the rental or co-sailing subject to availability as well as any additional options specified in a Listing, i.e. provisioning, bedding etc.

Prior to the submission of any booking request, Guests are prompted to enter their bank account details so that in case the booking offer is approved, to proceed with payment of the Full Booking Fee and the Security Deposit as per Clause 5.

Once the booking request has been submitted, the Service Provider undertakes to inform the Owner who may at their discretion accept or reject the request within a specified time limit. After this specified timeframe, the Booking Offer will lapse and the Guest will not be charged.

Should the booking request be accepted by the Owner, the Owner’s booking confirmation and relevant contact details will be sent to the Guest. The Guest’s contact details will also be transmitted to the Owner.

Any communication between Guests and Owners will be carried out through the Website where appropriate/necessary.

5. Payments & Security Deposit

5.1. Payment Terms & Methods

Yacht Services provides various payment methods that will appear on the screen during the booking process and according to their availability.

All currencies are accepted and any applicable charges (i.e. due to the exchange rate etc.) are for Guests’ account.

Guests are required to pay the Full Booking Fee in one (1) installment upon confirmation of the Booking unless otherwise agreed, as for example where a Booking with a Professional Owner takes place, then the general terms and conditions of the Professional Owner will prevail.

The Full Booking Fee of each Listing is to be settled to the Service Provider whereby the net amount (less the Service Fee and any applicable bank charges including but not limited to any applicable exchange rate charges) is then payable to the respective Owner.

Yacht Services accepts absolutely no liability if the Guest’s bank account has insufficient funds for settlement of the Full Booking Fee.

5.2. Security Deposit

Each Owner may require a security deposit the amount of which is stipulated in the respective Listing and it is payable before the commencement of the charter unless agreed otherwise, such as where a booking with a Professional Owner takes place, then the general terms and conditions of the Professional Owner will prevail.

The Service Provider will arrange for the payment of security deposit to the Owner. It is agreed though, that when the security deposit becomes payable, any applicable bank charges, including but not limited to exchange rate charges, will be for Owners’ account and deducted from the total amount due.

Yacht Services accepts absolutely no liability in case the Guest’s bank account has insufficient funds for settlement of the deposit amount or if there is a dispute between the Owner and the Guest on whether the security deposit is payable.

6. Parties’ Obligations

6.1. Users’ Obligations

Users’ Obligations are defined as follows:

1. to use the Website and the Service provided in accordance with the terms and conditions set out herein as well as in compliance with any applicable Greek and International Law and Regulations;
2. to act in good faith;

• to provide accurate and updated information;

1. to sign up and create an account strictly for their own personal use;
2. to ensure that relevant login information (username and password) are kept securely.

6.2. Guests’ Obligations

Guests undertake to:

1. prove their identity whenever required. In case the Guest is a legal entity, the entity’s representative to prove his/her explicit authorization to bind the entity;
2. provide accurate and updated contact details;

• ensure they follow the booking details, i.e. appear on time for the delivery of the boat and redeliver same on the date and place agreed;

1. use the boat for pleasure purposes only (any commercial and/or other use is expressly excluded) and in a manner which is compliant with any applicable Greek and International Law, Conventions and Regulations as well as any Greek port authorities requirements;
2. not allow the boarding of Guests over and above the agreed number taking into consideration the boat’s skipper as well;
3. sign the rental contract at Owners’ presence upon boat’s delivery/redelivery and ensure the date of commencement and termination is inserted;

• fill in and sign the Inventory before and after the boat’s use at Owners’ presence;
• ensure the skipper carries a valid licence;

1. redeliver the boat to the Owners with all the equipment and in the same condition it was delivered to the Guests;
2. provide accurate bank account details and adhere to their financial responsibilities;
3. settle any damages and fines that may have incurred during the rental;

It is agreed that Guests accept and undertake to respect their social security and tax obligations according to their status. Yacht Services is not obliged to provide any further information in this respect and cannot be held liable.

6.3. Owners’ Obligations

Owners’ undertake to:

1. prove their identity whenever required as well as their full ownership of the boat. In case the boat is listed for booking by an entity, the entity’s representative to prove his/her explicit authorization by the Owner to do so;
2. provide accurate and updated contact details as well as information pertaining to the Listing;

• ensure the boat is registered as required and is compliant with any requirements of the Greek port authorities and abide by any applicable Greek and International Law, Conventions and Regulations;

1. ensure the boat is maintained as required and is seaworthy;
2. provide the Guest with all the Certificates necessary for boat’s sailing as well as the skipper’s licence/diploma (if applicable). If the skipper is to be employed directly by the Guest, Owners are to ensure that they hold valid diplomas/licences;
3. ensure they follow the Booking details, i.e. deliver the boat on time;

• ensure that the boat is insured for any H&M risks as well as for liabilities to third parties, including but not limited to personal accidents (injuries, illnesses etc);
• ensure their licenses, permissions, insurances endure during the use of the Servicesand during the period this Agreement is in force;

1. sign the rental contract at Guests’ presence upon boat’s delivery/redelivery, ensure the date of commencement and termination is inserted and provide a countersigned copy to the Service Provider. The signed contract is to be submitted to the Port Authorities.
2. acknowledge and approve that the Service Providershall be authorized and entitled to retain and deduct the Service Fee from the Full Booking Fee received.

Professional Owners warrant that they will follow this Agreement and will not enter into charters (either for rental or co-sailing) with Guests directly with them, other than through our Website.

It is agreed that Owners accept and undertake to respect their social security and tax obligations according to their status. Yacht Services is not obliged to provide any further information in this respect and cannot be held liable.

6.4. Service Providers’ Obligations

Yacht Services undertakes to:

1. act in good faith and in accordance with this Agreement;
2. comply with any applicable Greek and International Laws, Conventions and Regulations;

• to process any personal data reasonably and in accordance with our Privacy Policy;

1. ensure the Website is accessible at all times and all policies are kept up to date;
2. respond to any complaints and/or queries raised from Users in a timely manner;
3. ensure payment through bank transfer of the full booking fee (net of the applicable Service Fee and bank charges including but not limited to any applicable exchange rate charges) and/or the security deposit, as the case may be, (net of any applicable bank charges including but not limited to exchange rate charges ) to the Owners as per the respective Listings;

• reimburse the Guests whenever required and as appropriate.

7. Limitation & Exclusions of Liability

Yacht Services is a web service provider and is not a party to the contract between Guests and Owners.

As such, Yacht Services is not liable for any disputes and/or claims arising under the contract between the aforementioned parties.

Under no circumstances may the Service Provider be held liable for any damage of an indirect nature even if Yacht Services has been informed of the possibility of such damage.

Without limiting the generality of the foregoing, the Liability of the Service Provider is expressly excluded in the following occasions:

• Non-conformity of the boat with the Listing provided by the Owner;
• Users’ non-compliance with the applicable laws and regulations;
• Use of the service by an unauthorised third party;
• Non-payment of the Security Deposit and Full Booking Fee from the Guest;
• Users’ non-compliance with social security and tax obligations in accordance with their status.

8. Cancellation & Modification of Bookings

8.1. Modifications

Should Guests decide for any reason whatsoever to amend their reservation, they should contact the respective Owner and the Service Provider in writing and in a timely manner via email and through the website. The Owners may, subject to availability, agree to the changes either with charging Guests additional fees or free of charge.

8.2. Cancellations

A cancellation must be notified in a timely manner in writing via email and through the website and becomes effective once the Service Provider has confirmed via email the cancellation.

8.2.1. Cancellation by the Service Provider

Yacht Services reserves the right to cancel a Booking with immediate effect if we have reasonable grounds to believe that it is fraudulent.

The User credit/debit card will not be charged and any payments already effected will be refunded to the User.

8.2.2. Cancellation by the Guests

Guests are required to notify timely the Service Provider and the Owners of the specific Listings regarding the cancellation.

Refunds depend on each Owner’s cancellation policy, thus, Guests are strongly encouraged to read carefully prior to any booking the Owners’ stated cancellation policy, whether and under which conditions funds will be reimbursed.

If Owners intend to reimburse Guests, the full Booking Fee (net of the Service fee) is to be refunded.

In case of a booking with a Professional Owner, the general terms and conditions of the Professional Owner take precedence.

Yacht Services will not be liable if the Owners deny refunding the Guests and in any case the Service Fee is non-refundable.

8.2.3. Cancellation due to Adverse Weather Conditions

Users may bilaterally decide to postpone or cancel the Booking due to adverse weather conditions. Owners may agree to reschedule (subject to availability) or cancel the Booking either with charging Guests additional fees or free of charge, depending on their individual modifications and cancellation policies.

9. Termination

Yacht Services retain the right to terminate in writing the provision of service to the Users at their own discretion at any time.

Owners may delete any of their Listings at any time provided that at the time of the deletion there is no active Booking. If there is an active Booking, Owners are to contact the Service Provider in writing in a timely manner.

10. Applicable Law and Jurisdiction

This agreement shall be construed, interpreted and governed by Greek Law. Any disputes and/or claims arising under this agreement are subject to the Greek Jurisdiction and are to be brought before the Courts of Piraeus, Greece.

The effective date of this version is 03.01.2023.