THIS IS A LEGAL AGREEMENT. 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
In this Terms and Conditions, the subsequent words and verbalisms shall have the following meanings
Booking: Each discrete Booking of a Listing that is made by a Guest offered by a particular Charter and posted on the Website.
Business Days: Business Days are days when banks are open in Slovenia.
Full Booking Fee: For the Booking of a each specific Listing the total fee that is set and posted on the Website by each Charter.
Charter: The Charter is an individual of lawful age and of full capacity to contract or a properly represented lawful entity which is the lawful and beneficial owner of the vessels, or duly authorized by the lawful and beneficial owner of these, or a person who has obtained an exclusive unconditional right for the using and posting the Listings on the Website for Booking by a Guest.
Listing: Listings are boats, sailboats, catamarans, motorboats, yachts, jet skis and any other kind of sea or lake or river vessels of a particular Charter which is being posted on the Website for reservation by Guests. Additional services which are linked to (i.e. cleaning, skipper etc.) the Listings may also be included and are specified in each of the Listings by the Charter.
Payment Provider: The Payment Provider is Banka Koper (www.banka-koper.si), being a payment system provider that processes the payments on the Website. By agreeing to these Terms and Conditions, you also accept Banka Koper`s Terms and Conditions which can be found on the following Website: www.banka-koper.si
Service Provider: The Service Provider is Beltika d.o.o, an enterprise organized and existing under the laws of Slovenia with registered address at Proletarska cesta 4, 1000 Ljubljana Slovenia.
Services: The Service is a Website to which Charters can post, offer and market their Listings for Booking and reservation from the Guests and the Service Provider can provide their expertise and assistance for such posts or uploads if requested.
Service Fee The Service Fee is the amount payable by the Charter to the Service Provider as a consideration for the provision of the Service. Upon the conclusion of a Booking through the Website a percentage of 12% (unless otherwise agreed) of the Full Booking Fee has to be paid. The Service Provider can lower the agreed percentage for promotional or any other aim. The Service Fee is invoiced to the Charters for each booking.
Terms & Conditions: Terms and Conditions are all the terms and conditions included in this agreement along with any subsequent amendments as may take place at the full discretion of the Service Provider and which can be seen at their latest version at ilovetosail.club.
Guest: The Guest is an individual of lawful age and of full capacity to contract, or a properly represented lawful entity who enters into an agreement with a particular Charter or the reservation of a respective Listing and who has approved to pay the Full Booking Fee.
We: “We” stands for the Service Provider.
Website or Site: The Website or Site is an online platform with domain name ilovetosail.club owned, managed and administrated by the Service Provider.
You/you: “You/you” termed the Charters and Guests as correspondent.
Us: “Us” stands for the Service Provider.
As a Guest or as a Charter you approve, by registering, accessing and/or using the Website and Services, to be bound by these Terms & Conditions and any other Terms & Conditions as they may be modified from time to time and included in these Terms & Conditions and which will apply between you and the Service Provider and which you approve that you have read and understood.
As a Guest - if you make a Booking with a particular Charter through the Website - you acknowledge and understand that the legal contract regulating each specific Booking is between each individual Charter and each particular Guest and that you will need to refer to and shall be bound by the booking confirmation, and the booking terms and conditions that will apply to that Booking with the particular Charter in relation to payment, cancellation and other related matters.
The Service Provider does not deal as organizer, agent, or provider for Listing rentals, crew placement and/or other Listings. The Service Provider does not hold or lease or manage Listings or hire others to perform any services related to the Listings. The Service Provider is not an agent for any Charters . The Service Provider solely makes the Website for Charters and Guests obtainable to agree and arrange for a Booking of a particular Listing. The Service Provider is not contracting agent or representative of Charters. The Service Provider task is to simplify the availability of this Website for the Charters and to provide the Services related to this, and any agreement for Booking or Listing is solely between the Charter and the Guest. It is perceived that the Service Provider will not be a party to such an agreement and will not be bound by these Terms & Conditions. Charters and Guests perceive that the Service Provider is merely simplifying the availability of this Website for the Charters and provide the Services related to this. Charters and Guests perceive and agree that they are merely responsible for determining their own tax reporting requirements in consultation with tax advisors. The Service Provider cannot and does not offer any fiscal advices.
Persons under the age of eighteen will not be accepted as Guests. The Guest admit and warrants that he/she is older than the age of eighteen years and that all the personal information provided are true to his knowledge. The Guest declares and warrants that he/she is legally empowered to enter into the agreement with a particular Charter on his/her own behalf or for any agents or representatives acting in his/her name. The Guest and Charter are fully responsible and liable in person for any claims resulting of the usage of the Website or any Service.
2. Approval to the terms of use and modification
The Service Provider warrants a non-transferable, revocable and non-exclusive license to the Charters and Guests and provides the Services obtainable on this site subject to the following Terms & Conditions. THE SERVICE PROVIDER MAY MODIFY THESE TERMS & CONDITIONS FROM TIME TO TIME. CUSTOMERS WILL BE INFORMED IN ADVANCE WITH THE POSSIBILITY TO RELEASE THE CONTRACT. IF YOU DON'T RELEASE THE CONTRACT, CHANGED TERMS AND CONDITIONS WILL BE VALID. YOU CAN CHECK THE LATEST VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT https://www.ilovetosail.club. WHEN USING SPECIFIC SERVICES ON THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES, YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH THE SERVICE PROVIDER ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL RELATED TO THIS TERMS & CONDITIONS. YOU APPROVE BY USING THIS SITE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LATEST VERSION OF THIS AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT APPROVE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT APPLY THIS WEBSITE.
Guests and Charters
3.1. The Service Provider makes available an online platform through the Website on which Charters can offer their Listings for reservation. Charters can individually post their rates, adapt the availability for reservation of their Listings, manage upcoming bookings, contact and be contacted by Guests of the Website, obtain booking requests, get reviews for their services, post their terms and conditions and many more related to these Terms and Conditions.
3.2. A Guest can book a specific Listing through this Website which is posted on the Website by a Charter. By making a Booking through the Website each Guest will enter into a direct contractual relationship with the particular Charter from which you want to book. The Service Provider behaves merely as a provider of the web service, transferring the details of the reservation to the appropriate Charter and sending a confirmation email to the Charter; for and on behalf of the Charter. When rendering their Services, information that the Service Provider; reveals is based on the information provided to the Service Provider by each Charter. Charters are totally responsible for updating all rates, availability and other information which are advertised on the Website. The Service Provider is just responsible for establishing the contact between the Charter and the Guest. The Service Provider; is not responsible for the non-performance or exact and compliant performance of those services that are part of the application area of the agreement between the Charter and the Guest. Each Charter stays responsible for the accuracy at all times, totality and correctness of the information (including the rates and availability) advertised on the Website. The Website does not illustrate and should not be considered as a reference or advocacy of the quality, service level or rating of any Charter made available. The Service Provider does not verify the information posted by the Charter.
As a Guest; you agree and understand that the legal contract regulating each particular Booking s between an individual Charter and a specific Guest. If you make a Booking with an individual Charter through the Website you will need to refer to and shall be bound by the booking confirmation, and the booking terms and conditions that will apply to that Booking with the individual Charter referring to payment, cancellation and other regarding matters.
3.3. The Guest gets in a direct contractual relationship with the Charter that will supply the Service. If the Booking of these Services will be completed on the Website, the Guest will receive a written contract from the Charter which will regulate all aspects related to the Services provided.
3.4. The Charter posts through the Website - either by himself or in cooperation with the Service Provider - the Listings, the rates for booking, details, terms, photos and all other significant information associated with the Listings.
3.5. Through the Website the Charter will have the possibility to post his fees for Booking the Listings, regulate the availability of reservation of its Listings, manage upcoming bookings, contact and be contacted by Guests, get reviews for its services and post his Terms and Conditions that will governthe agreement between the Charter and each specific Guest of the Website.
Any fees or possible payments exceeding EUR 15.000, -- have to be permitted by the Service Provider.
3.6. Prior to the posting of any Listing by a Charter which is a Private person, the Service Provider has a right to approve such Listing.
3.7. The Charter is liable to post a full description of the Listing on the Website, upload photos and/or graphics, and/or icons, and/or images which are linked to the Listing that the Guest confirms to pay the Full Booking Fee for.
3.8. The Charter shall have the right and the obligation to arrange separate agreements with the Guests, in which the Terms and Conditions of the Charter’s services will be established. The Service Provider will not be a party in these agreements and shall not be bound by their Terms and Conditions.
3.9. Maximum booking period allowed will be less than 90 days per booking per boat at a time.
3.10. The Services of the Charter shall be practiced by employees or agents of the Charter that have the required technical and professional skills.
3.11. The reservation of the Listing is processed between the Charter and the Guest under the Terms and Conditions of the Charter. The Service Provider assumes no liability for such transactions. The Service Provider just allows the Charter to use the Services and - if necessary - to provide its expertise and assistance for posts or uploads of the Listings. The Service Provider, if requested, shall receive, notify and forward to each Charter any booking requests or enquiries made through the Website by a Guest. The Service Provider shall not act in any way as a contracting agent or representative for you as a Charter, or as a broker or insurer in each case, in relation to your transactions which you conclude with Guests via the Website as related in clause 1.
3.12. The Charter shall, upon the request of the Service Provider supply the Service Provider with the evidence of ownership or possession of the Listing or a proof of having the right and authorization to rent such Listing and that all licenses and authorization in respect of the Listing have been orderly received.
3.13. The Charter shall have the liability to receive and keep in force any license and other authorizations required by any applicable law for the Listings. The Charter is obliged to provide the Service Provider with such licenses and authorization upon Service Provider s request. The Service Provider will not be obliged to release the fees (minus the Service Fee) to a particular Charter, if this Charter does not provide the Service Provider the required documents proving the proper possession and use of a particular vessel or a properly signed charter party (where this is obligatory).
3.14. If the Charter does not agree with the Terms and Conditions of the Service Provider or any applicable law, the Service Provider may interrupt or stop providing its Services to the Charter.
3.15. The Charter complies that the Service Provider may check the Charter’s uploads to the Website and may eliminate or refuse to show contents that the Service Provider reasonably believes that reveal the Charters identity to the public including and without limitation its full name, company name, links to other websites, telephone numbers, and/or uploads by the Charter if they are illegal or violate Service Provider ’s Terms and Conditions or the Applicable Law or any other applicable law.
3.16. As a Charter you purpose to list and post including but not limited to the features, availability, prices, photos of the Listing as well as the terms regulating the agreement between Charter and Guest including your cancellation policies and particular details of those.
3.17. The Charter will be liable for defining the rate of each Listing and any additional charges that may exist. You understand and approve that if a Guest requests a Booking of your Listing, the rate that you have set for this Booking may not be changed. As a Charter you acknowledge and approve that you are solely accountable for any of your Listings on the Website.
3.18. As a Charter you approve that you ensure the Service Provider an irrevocable permission and that you have the right of the usage of all text, graphics, logos, icons, images with any and all other information posted by you as a Charter in connection to the Listing s that are posted on the Website. The license and right includes but is not limited to allowing the Service Provider to utilize such texts, icons, graphics, logos, images with any and all other information in social networks, newsletters, and to any other kind of advertisement and for such commercial aim as the Service Provider think fit and proper for the promotion of their business. The Service Provider is not liable in any way for any violations of rights of intellectual property committed by any users of the platform.
3.19. The Charter approves that in the case of a conclusion of a Booking with a Guest by using the Website and Services, then, in consideration of the use of the Website and the Services, the Service Fee is payable, exclusive of any applicable VAT and related taxes which may be charged in addition to that, and regarding of which the Service Provider may issue or be required to issue to a Charter a valid VAT or related tax or other invoice (or the Service Provider may issue to each Charter at each Charters reasonable request). The Service Fee is based ona percentage of 12% (unless otherwise agreed) of the Full Booking Fee of each Booking that you post for each Listing that you may list and post on the Website. The fee is subtracted from the first disbursement to you as a Charter and it excludes expenses such as bank transfer fees, credit cards transaction fees, VAT, and other taxes if applicable. The service provider is not liable in any way for any violations of rights of intellectual property commited by any users of the platform.
3.20. Based on the agreed Terms and Conditions between the Charter and the Guest, the Service Provider will react as a provider for web-services. If a Listing is inquired by a Guest via the Website, then it will be necessary for you to either confirm or reject the Guest ’s inquiry. If you approve as a Charter that your Listing is obtainable and a Guest ’s Booking is afterwards accepted and confirmed by you through the Website and once the value of the booking fee is confirmed by the Payment Provider, the Guest s relevant contact details will be transmitted to you (including phone number) from the Service Provider. Also your contact details will be transmitted to the Guest by the Service Provider.
3.21. Just as the contact details have been transmitted according to clause 3.20, the Charter will be liable to conclude a separate agreement with the Guest acknowledging the terms of the Booking. All correspondence in connection with the Booking transaction should be made between you as a Charter and the Guest through the Website as relieved by theService Provider’ s service where required/applicable. You as a Charter must send a message to the specific Guest briefly explaining the reason of the rejection, in case you reject a Booking for any reason.
3.22. As a Charter you acknowledge that, when a Guest requests a Listing that a Charter posts and subsequently the Charter accepts the Guests booking request, and the Guest's mode of payment is via bank transfer via Payment Provider the Service Providers allow the Guest 5 days to make the payment. The Listing will be set in an “Option” status for the requested dates for 5 days from the day of the booking approval in order to guarantee the booking. In such a case where you as a Charter have your Listing in an Option Status then you hereby undertake and agree that you consider this Listing as booked and you should not proceed with booking it out to any other Guest and or other third person for the specific date/s. Guests paying via bank transfer via Payment provider are encouraged to send a proof of payment confirmation as soon as they have executed the payment.
For Bookings done less than 14 days prior to check-in date only credit card payments via Payment Provider will be allowed as a mode of payment.
3.23. The Charter guarantees, declares and undertakes that:
He is the lawful and beneficial owner of, and he has good and saleable title to the Listing s and/or it has been duly authorized to use and offer the Listing and/or it has received an exclusive unconditional right for the use and provision of the Listings.
He has received all required licenses, insurances, permissions and any other requisites for the use of the Listing. These licenses, permissions, insurances shall endure during the use of the Services and during the period of these Terms and Conditions are in force.
Any picture, photo, icon, drawing, text, logo, graphic or image uploaded by the Charter on the Website related with the Listing s correlated to the reserved Listing by the Guests of the Website and any information related to the Listings are true and correct.
He has a considerable knowledge of and expertise in providing his services to the Guests and maintains high quality of infrastructure while performing its services.
He has one or more active insurance policies with a reputable insurance firm to cover any obligations that may occur with the usage of the Services or under this agreement and such insurance policies shall endure during the use of the Services and during the period when this agreement is in force.
The Charter has not breached or violated any law or regulation the breach of which has or might reasonably be expected to have a negative material negative effect on the Website and the business of the Service Provider.
There exists no claims and no investigations are being made or conducted against him or any subsidiary or affiliates that have or might reasonably be expected to have a material disadvantageous effect.
In performing his services he will use appropriate care and skill.
The Charter acknowledges and approves that the Service Provider shall be authorized and entitled to retain and deduct the Service Fee from such monies collected.
3.24. The Service Provider has the right to require to be provided with the evidence of ownership or exclusive management of the Listings from you as a Charter and that all required conditions, licenses permissions from competent authorities, insurances and any other requisites arising from any laws of Slovenia or of any other Country were the Listing is situated or which country’s flag the Listings flying are met by the Charter or by the owner of the Listing. The Charter is liable to inform the Service Provider which countries the Listing may be legally driven to, if he is requested by the Service Provider.
3.25. As a Charter you oblige to keep the Service Provider and their employees, agents, representatives and affiliates, indemnified against all claims, actions, costs, expenses, including legal costs and legal expenses, suffered by the Service Provider due to any disregard or default of the Charter or his employees, agents, licensees or customers in connection with the performance of the Charters services and/or due to the breach of the above warranties.
3.26. The Guests have the possibility to search and view obtainable Listings through the Website, including but not limited to information in connection with the Listing such as prices, details, photos and contact the Charter to request and/or apply for a Booking. Guests shall verify the information uploaded on the Website. The Service Provider has no liability nor responsibility whether the information uploaded on the Website related to the Listin