These terms and conditions are effective from 14. August 2017 (updated since 07. December 2013)
The terms and conditions of the "SAILBOOK" platform concern TRAVEL & YACHTING PROFESSIONALS that make use of the platform for the management of their fleet, or for the cooperation between each other. The purpose of the platform is to facilitate the CHARTERING of the available yachts. The terms and conditions indicate the appropriate use of the platform, the general rules and procedures that must be followed by all parties involved (YACHT OWNERS, AGENTS, HARTIS), the rights and obligations of the involved parties, the cost of using SAILBOOK per role and the consequences of not complying with the terms.
Glossary of Terms SailBook
This article includes the terminology and an interpretation of the terminology that will be used hereafter in SAILBOOK terms and conditions. It also includes some synonyms of the terms that may be used in cases where they better render the meaning of a sentence and/or a paragraph.
The interpretation of Terms and Conditions provided hereunder in SAILBOOK will prevail over any other interpretation provided in other documents such as: articles, papers, books, dictionaries etc. Any user of SAIL-BOOK.COM is deemed to have read, fully understood and fully accepted the terminology in order not to raise any issue of not understanding, or interpreting any of these terms differently.
- — Hereinafter referred to as HARTIS: The company named HARTIS INTEGRATED NAUTICAL SERVICES LTD, established in Greece, 7 Erifilis, 11634, Athens (tel: 0030 210 7233093, fax: 0030 210 8054635, email: firstname.lastname@example.org).
- — Hereinafter referred to as SAILBOOK: The Web site with the URL (uniform or universal resource locator) "http://sail-book.com", and any other URL that will be rented in the future for the same purpose, by HARTIS. Through the above URL, guests will be routed to the SAILBOOK platform.
- — Hereinafter referred to as CHARTERER: Anyone who is CHARTERING a boat following all legal processes.
- — Hereinafter referred to as AGENT: The AGENT mediates between OWNERS and CHARTERERS and is acting on behalf of the OWNERS, providing matching services for OWNERâ€™s yachts. The AGENCY fee is defined as a commission percentage (%) of the total cost of the fare. The AGENCY fee is agreed between the AGENT and the OWNER.
- — Hereinafter referred to as OWNER (or FLEET OPERATOR): Any person or legal entity that owns boats or is authorized to operate boats on behalf of the OWNER. An OWNER might use SAILBOOK for the better management of his yachts and in order to find CHARTERERS for his yachts.
- — Hereinafter referred to as CHARTER: Renting of OWNERâ€™s yacht under the Greek law and general commercial rules.
- — Hereinafter referred to as CHARTER COST: The total cost of a CHARTER. The CHARTER COST is the sum of all individual charges (basic and additional services). The CHARTER COST excludes additional charges that may arise from services that will be requested after the signing of the relevant CHARTER agreement. Additional services may involve, for example, repair upon return of the yacht to the base or services that may be requested during the trip (on site support by a mobile technical unit).
- — Hereinafter referred to as CHARTER CERTIFICATION: The completion of the booking process (reservation) of a CHARTER with the transfer of 50% of CHARTER COST from a bank account of the CHARTERER to a HARTIS banking account.
- — Hereinafter referred to as OPTION: The temporary reservation of a yacht by an OWNER or a AGENT for a specific period of time. During this period the yachtâ€™s state is set to "option" which means that the yacht is not available for any other CHARTER. The â€śoptionâ€ť state is valid for a maximum of three (3) days. On the fourth day (or the day after the last, if less than three) the state will be reset to â€śavailable.â€ť
- — Hereinafter referred to as SAILBOOK TERMS: The specific terms and conditions applicable to all users of SAILBOOK.
- — Hereinafter referred to as USER: The OWNER or AGENT that has been granted the right to access and use SAILBOOK upon invitation by HARTIS. HARTIS will provide him with all the necessary credentials for accessing the platform.
- — Hereinafter referred to as SAIL-SAFE: HARTISâ€™s evaluation system for yachts and services provision quality.
- — Hereinafter referred to as URL: Universal or uniform resource locator, a URL is the address of a specific web site or file on the Internet.
SAILBOOK is an online platform for managing yachts that has been implemented by the HARTIS Company. The scope of the SAILBOOK electronic platform is limited to managing the availability of yachts for CHARTER. The scope of SAILBOOK might expand in the future to cover financials management, customer relationship management and other aspects of yacht management. The various â€śstatesâ€ť a yacht may have that provided from SAILBOOK for a specific time period are the following:
- — Available: The yacht is available for CHARTER.
- — Booked: The yacht is CHARTERED.
- — Option: The yacht is temporarily blocked until it is decided to be released (change in state "Available") or CHARTERED (change in state "Booked"). The maximum time period of one "Option" is three (3) days. After the three days period, and if the state of the yacht is not changed to "Booked," the boat will automatically revert to the â€śavailableâ€ť state.
- — Transfer: The yacht is in process of being transferred from one base (port or any other point on the map) to another base, under the responsibility of the OWNER. The yacht may be available for CHARTER by CHARTERERS who will express an interest to carry out this particular transfer on behalf of the OWNER.
- — Blocked: The yacht is not available for CHARTER.
SAILBOOK provides the ability to manage the availability of a yacht for specific time periods. A period can vary from one or more days, up to one or more weeks.
SAILBOOK provides information on the technical and qualitative characteristics of yachts and CHARTER costs per period.
SAILBOOK is legitimately hosted in the URL "http://sail-book.com".
Rights - Grant of Rights
HARTIS is the exclusive manager of SAILBOOK.
HARTIS retains exclusive copyright of SAILBOOK and the rights to access, use and trade or any other form of legal exploitation of SAILBOOK.
HARTIS, can decide to grant the right to access and use SAILBOOK in OWNERS and AGENTS for a specific time period.
An OWNER or AGENT may inform HARTIS by sending a request for an invitation, of his wish to use the HARTIS platform() and to become a legitimate, registered user of SAILBOOK. To do so he needs to initiate the process labeled "please send me an Invitation" located in a conspicuous, highlighted space in SAILBOOK. Once he fills in the necessary information, his request is routed to HARTIS which will check the accuracy of the provided information, and will then send an invitation that matches his profile. The invitation includes the necessary credentials (username and password) for the initial entry in SAILBOOK. The responsibility for ensuring the confidentiality of "password" rests solely on the requestor (OWNER or AGENT). HARTIS reserves the right not to send an invitation to an applicant if the information provided is proved false or inaccurate or for any other reason. HARTIS does not have any obligation to provide any kind of formal or informal reply or explanation for its decision, always within limits of legal compliance.
The granting of right of access and use of SAILBOOK to OWNERS and AGENTS is renewed annually, starting on January 1st of a calendar year and ending on December 31st of the same year. An exception is the first year of the concession for which starting shall be the date of acceptance of grant by HARTIS. Concession is proved by providing the necessary access credentials. The concession period is renewed automatically each year on December 31st for one more year, unless one of the members states otherwise, in writing (for example by email or fax) at least one month prior to the effective date, the intention not to proceed with further renewal of the concession.
HARTIS is entitled to transfer SAILBOOK in any other legitimate. HARTIS is also entitled to change, transform, sell, temporary or permanently deactivate SAILBOOK.
HARTIS reserves the right not to renew the cooperation with an OWNER or a AGENT, especially if the OWNER or AGENT is rated by users of SAILBOOK as of low quality, through the evaluation system (evaluates yachts and service provisioning) of HARTIS, called SAIL-SAFE.
The entire content of SAILBOOK, including trademarks, logos, text and software developed for the needs of the SAILBOOK operation, belongs to HARTIS and is protected by the Greek and International law. Data entered in SAILBOOK (photos, technical characteristics and availability of yachts) belong to OWNERS and AGENTS, however the right to use and edit these data is granted to HARTIS, limited to the operational needs of SAILBOOK. Furthermore, the design and presentation of the contents and settings and of the functionality of SAILBOOK also belong to HARTIS. Any copying, analog or digital recording and reproduction, distribution, transfer, upload, modification or sale of the above is strictly prohibited. Dissemination of misleading information about SAILBOOK to associates or affiliates of HARTIS (OWNERS and AGENTS) or to the public is strictly prohibited. Any reproduction, publication, uploading, posting, or transmission or any other use of content in any manner, for commercial or any other purpose is permitted only with prior written permission from HARTIS. Viewing the above in SAILBOOK can not be seen in any way as a transfer or license or rights to use of any of the above.
Any registered user of SAILBOOK, is deemed to have read, understood and fully accepted all of these terms and conditions of SAILBOOK and can raise no issue of not understanding any term or terminology.
a) Introduction and change process of the yachtsâ€™ technical characteristics.
The OWNERS or AGENTS after granting the right to access and use SAILBOOK, may enter their yachts in the systemâ€™s database, by themselves or with the assistance of HARTIS personnel. The OWNER or AGENT by himself or with assistance from members of HARTIS fills in all the necessary technical characteristics to the respective fields on the tab of his yacht creating one unit per yacht profile. The unique profile per yacht should be enriched with all the information required from prospective CHARTERERS in order for them to be able to compare and decide whether the yacht meets their needs and requirements.
All the technical and qualitative characteristics of the yacht, entered during the registration process, segregate, differentiate and categorize the yachts.. In case of pour quality of data entered, HARTIS has the right to request additional information from OWNERS or AGENTS. The registration of a yacht is dynamic, (can be modified online) to always reflect the real condition of the yacht.
HARTIS is not responsible, nor has the obligation to check the quality and validity of the information provided by OWNERS or AGENTS. In cases of intentional or inadvertent introduction of inaccurate data in SAILBOOK, HARTIS has the right to remove the subject yachts from SAILBOOK without prior notice and has the right to seek legal and financial compensation for damages or loss of profits caused by the introduction of erroneous data from the specific OWNERS or AGENTS.
There is no restriction in the number of registered yachts per OWNER.
b) Introduction and change process of the yachtsâ€™ visibility.
Yacht data hosted by SAILBOOK will be visible on the website "http://sail-book.com" as per the rules of yacht visibility. The visibility of the yacht is specifically determined by the OWNER or AGENT who performs the data entry of the yachts. In accordance with the technical details of a yacht, the visibility can dynamically be set and thus can be modified by the OWNER or AGENT to always serve his operational needs. SAILBOOK provides the following capabilities:
- — Yacht data are visible to all AGENTS, if the OWNER permits this.
- — Yacht data are visible only to a specific subset AGENTS, specified by the OWNER.
Each AGENT, during the process of registration in SAILBOOK, declares his intention to use SAILBOOK data for commercial purposes in websites or applications legitimately owned by him.
OWNERS have the ability to be informed about a AGENTS full profile. In case AGENTS intent to use SAILBOOK data in websites or applications legitimately owned by them, this must be clearly declared in their profile. If an OWNER chooses such a AGENT, it is automatically assumed that he has read the AGENTâ€™s profile, is fully aware and agrees with the AGENTâ€™s intentions of using his yachtâ€™s data.
Sending an invitation to a AGENT who has declared his intention to use data in owned websites or applications is the only exception in Article 4 above. HARTIS has no responsibility for the way SAILBOOK data are used by AGENTS or OWNERS.
c) Introduction and change process of the yachtsâ€™ availability.
The OWNER by himself or with the help of HARTIS personnel enters the availability data of each of his yachts, selecting periods (days, weeks or months) that the yacht is available for chartering, and the price of CHARTER for each of these periods (daily rent, weekly rent, special offers). The OWNER must update the availability of yachts in SAILBOOK so as to reflect the yachtâ€™s actual availability. The OWNER or AGENT is obliged to update SAILBOOK, before making any CHARTER agreement of the yacht independently, as long as this chartering changes the yachtâ€™s availability data stored in the SAILBOOK platform.
To help OWNERS update their yachtâ€™s availability correctly and in time, SAILBOOK provides the following tools:
- — Contact Center: Under certain circumstances and upon written agreement with the OWNER, the SAILBOOK system administrator can perform changes on behalf of the OWNER, via telephone or other form of communication between them. For this reason HARTIS provides a hot line for communication with OWNERS or AGENTS that operates during working days and hours. Inability to establish communication with the Contact Center or negligence is not an excuse to the liability of OWNERS and AGENTS for valid and on time update of availability of their yachtsâ€™ data on SAILBOOK.
- — Option: Temporary reservation of a yacht by a AGENT for a specific period of time. During this period the yachtâ€™s state will be "option" which means that it is not available for CHARTER until the end of the optionâ€™s period. The maximum duration per "option" is three (3) days. During the â€śoptionâ€ť period the AGENT may either convert the state to â€śbookedâ€ť or to â€śavailable,â€ť otherwise, at the end of the period the yacht will be automatically released (changed to the "available" state by HARTIS). The OWNER can alter a yachtâ€™s state at any time as long as the state affected is other than â€śbookedâ€ť.
- — API (Application Programming Interface / Web Services): If an OWNER or AGENT with a large number of yachts (over 10 yachts) has his own management application, HARTIS can develop on his behalf an Application Performance Interface (API) to connect SAILBOOK with his application fro data exchange purposes. In this case all of the liabilities of OWNER or AGENT with SAILBOOK remain the same as he is solely responsible for the proper maintenance and management of the information in his system.
The OWNER or the AGENT is the only party responsible for the accuracy, truth and correctness of data imported or entered on SAILBOOK. In case of false declaration of assets or availability (intentional or unintentional) that will result in financial or other legal and financial dispute with a CHARTERER, the only responsible party is the OWNER or the AGENT. Negligence does not exempt the OWNER or AGENT from this obligation. If the OWNER or AGENT does not follow the guidelines above describing the proper update of yacht data in SAILBOOK, HARTIS has the right to remove any yachts of the particular OWNER or AGENT from SAILBOOK without prior notice, and has the right to request financial compensation for damages, profits lost and disparagement of HARTIS company to its customers.
Pricing Policy â€“ Charges
The cost of SAILBOOK services for OWNERS or AGENTS varies from case to case. The updated and current price list of services is set forth on the website "http://sail-book.com/info/pricing" with the indication "Services Pricelist."
HARTIS reserves the right to modify its pricing policy on SAILBOOK as follows: Changes in the pricing policy are communicated in the table with the indication "Services Pricelist" once a year during the period between 1/10 and 15/10 of each year. Any changes announced in this period are effective from the date of announcement (or modification) until further notice.
All users are obliged to visit the Â«Services PricelistÂ» regularly (at least once a year in 15/10) in order to be informed about any changes in pricing policy. Ignorance of the pricing policy does not justify avoidance of payment.
If specific users of SAILBOOK have special agreements with HARTIS with specific time frame effects, special pricing and content, these agreements are valid until their expiration date. After the expiration date, unless extended, OWNERS and AGENTS will be billed in accordance to the "Services Pricelist" of SAIL -BOOK.
Owner and Agents Liabilities â€“ Litigation
The OWNER is solely responsible for the introduction and management of yachts, for the changes in technical characteristics, and for the visibility and availability data of yachts.
In the event of a yacht CHARTER through SAILBOOK the yacht should be delivered by the OWNER or AGENT according to the specifications and the time agreed with the CHARTERER. If, by OWNERâ€™s negligence, or due to yacht damage, or due to any other reason, the yacht cannot be delivered as per the agreement, the OWNER is obliged to take all corrective actions, including forms of compensation in accordance to the CHARTER agreement.
The OWNER or AGENT is the sole party responsible for not fulfilling his contractual obligations against the CHARTERER.
OWNERS and AGENTS should thoroughly study and strictly follow the terms defined in SAILBOOK TERMS and the Greek law. Courts to resolve any dispute that may arise in the interpretation, application and enforcement of this are the courts of Athens in Greece.
Users of SAILBOOK (OWNERS or AGENTS) agree not to use it for publication, transmission through e-mail, or transmission with other ways: of content proven illegal, harmful, menacing, insulting, depreciative, defamating, vulgar, indecent and in any way contrary to the morality, or being the result of privacy infraction of a third party, shows prejudice, or expresses racial, national or other discriminations, may in any way cause damage to youngsters or does not have the right to transmit according to the law or by conventional prohibition (such as confidential information acquired or revealed as part of working relations or being covered by confidentiality agreements), transgressing any patent, commercial trademark, commercial privacy, intellectual rights, or other property rights of a third party, contains software viruses, or other kind of codecs, files or programs, which have been created in the aim of disruption, damaging, destruction of the function of any software or hardware, transgresses in any way the applicable Greek and community legislation and its provisions, may harass a third party in any possible way and with any content is used to collect or save other users' personal data.
Liabilities Hartis â€“ Confidentiality
HARTIS has the obligation to maintain the confidentiality of information of OWNERSâ€™ and AGENTSâ€™ yachts according to the access level settings designated during the introduction of yachts in SAILBOOK.
HARTIS undertakes the responsibility of not using the data entered in SAILBOOK for any other purpose (commercial or any kind) beyond the specific mandates received from OWNERS and AGENTS through SAILBOOK.
HARTIS is committed to keeping electronic back up copies of data at least once a month. This way it decreases the possibility of data loss from a disaster. The company HARTIS takes security measures to safeguard data based onstate of the art techniques and technologies.
Limitation of Responsibility
The company bears no responsibility to cover a third party claim, whatsoever, which could arise in relation to the use, operation, copy or falsification of SAILBOOK or its contents or of any other related site by non-authorized parties, no matter if HARTIS was informed, was aware or could be aware of this possibility.
HARTIS takes safety measures to safeguard data, but will not be held responsible for customer data lost, damaged or for data leaks emanating from natural or accidental cause or by malicious act.
Interruption of Cooperation
Both HARTIS and any AGENTS or OWNERS have the right to suspend cooperation, for any reason. Based on who had the initiative for the interruption the following actions should be taken:
- — If the interruption is required by the OWNER or AGENT, HARTIS is obliged to remove from the SAILBOOK database all the yachts of the particular OWNER or AGENT within one (1) week upon receiving the written notification. All contractual obligations between the two parties cease. The only exception is when yachts have already completed the verification process and there are confirmed CHARTERS pending. These yachts and all contractual obligations of both parties remain in force until final completion of last confirmed CHARTER. HARTIS is obliged to provide in electronic form all records and information of these specific yachts (all information related to the fiscal condition of the yachts at that time). HARTIS has no obligation to return fees received for fixed services, or any other form of remuneration for service to be provided at a later time. HARTIS has no obligation to retain any historical data of the OWNERS or AGENTS in its databases. However, for fiscal purposes, all financial transactions will remain in HARTISâ€™ systems as required by law.
- — If the interruption originates from HARTIS, HARTIS can remove from the SAILBOOK database all the yachts of this OWNER or AGENT after one (1) week of notice (through email) for the intention to terminate the cooperation. All contractual obligations between the two parties cease. The only exception is if there are yachts that have already completed the verification process and have confirmed CHARTERS pending. These yachts and all contractual obligations of both parties remain in force until final completion of the last confirmed CHARTER, after which HARTIS will remove all data from its systems. HARTIS is obliged to provide in electronic form all records and information of these specific yachts (all information related to the fiscal condition of the yachts at that time). HARTIS has no obligation to return fees received for fixed services, or any other form of remuneration for service to be provided at a later time. HARTIS has no obligation to retain any historical data of the OWNERS or AGENTS in its systems. However, for fiscal purposes, all financial transactions will remain in HARTISâ€™ systems as required by law.