Terms and Conditions
This website is owned and operated by GotoSailing.com B.V. company incorporated in the Netherlands, registered address is Weipoortseweg 34, 2381NC Zoeterwoude, company tax number is NL859017588B01, registration number is 72179376.
GotoSailing.com is a trade mark owned by GotoSailing.com B.V.
Please read these Terms and Conditions carefully and make sure you understand them because they contain important information about your obligations, legal rights, and remedies. When you use the GotoSailing.com Site, you agree to comply with and be bound by these Terms and Conditions.
This is the user agreement that manages your (the “Customer” “Charterer” “Member” or “you”) use of this website and the services we ("us," "we" or "our" means GotoSailing.com) provide you. It is important for both you and us that you understand our relationship bound by contract relating to your use of our website and the services we provide you. Please take time to read these terms and conditions.
By accessing, browsing and using our website, application or another platform including any subdomains thereof, and any other websites through which GotoSailing.com provides service. By making a reservation for a boat and/or cabin, you acknowledge and agree that you have read, understood and agreed to comply with and be bound by these Terms & Conditions for boat charter. Terms regulate mutual rights and obligations. Rights and obligations covered in this document are related to services of accommodation on boats (“Boats”, “Boat Listing”) - boat charter through our Charter Operators and Suppliers - are made available, owned, controlled, managed, maintained and/or hosted by GotoSailing.com. Charter fleet operators (“Charter Operators" “Member” or “you”) are providers of boats as accommodation such as boat, bareboat, yacht, gullet, catamaran, vessel, any other kind of water vessel and/or cabins. Suppliers (“Supplier” “Member”) are the providers of transfer, transportation, insurances and any other marine travel related products or services which are occasionally available for reservation on the Site.
These Terms and all stipulations described in them shall be the subject of legal liability and be binding for the Charterer who charters the Boat. Confirming of the booking intention or paying the Charter Operator the advance payment, will mean that you agree to the Terms.
These Terms and Conditions may sometimes change. GotoSailing.com is entitled to make modifications or improvements to the Terms at any time with immediate effect. In this case we will inform you in a timely manner so that you can review the changes and approve them if you choose. The Terms and Conditions embody the entire agreement, and overrule any other oral or written agreements or understandings between you and GotoSailing.com, unless explicitly stated otherwise.
1. Scope of GotoSailing.com Services
Gotosailing.com provides an online booking platform for Charter Operators, Suppliers and Charterers. On our Site, Charter Operators and Suppliers can display their recreational boats and services for booking. Then the Charterers can choose among these to make a booking for a Boat, Cabin and/or a Service. By making a booking using the Site, Charterer makes an offer to book a boat at the listed price of the reservation and on other terms and conditions stated on the Site. When accepted by the Charter Operator and consequently by GotoSailing.com, this will become a legally binding contract, pursuant to the Terms.
After the Charterer makes a booking, we act only as an intermediary between the Charterer and the Charter Operator. We transmit the details of the Charterer’s booking to the related Charter Operator. Then we send the Charterer a confirmation email for and on behalf of the Charter Operator. Charterer will receive proof that the booking is confirmed, via an e-mail confirmation. This means the booking has been confirmed by the Charter Operator. When Charterers make a booking and Charter Operators accept it, they are bound by contract directly with each other.
GotoSailing.com is not a Charter Operator, a Charterer or an insurer. GotoSailing.com is not acting as an agent for any Charterer or Charter Operator, except as specified in the Payments Terms. GotoSailing.com is not and does not become a party to or other participant in any contractual relationship between Charterers and Charter Operators.
GotoSailing.com does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Charter Operators, or the fleet, boats or any cabin they provide. The Charter Operators are liable and responsible for providing boat and/or cabin charter services and serving people who have booked through the Site as their Charterers. Charter Operators alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their boats and services. Charter Operators are alone responsible for identifying and obtaining any necessary permits, licenses or registrations for the charter services they offer. If you have questions about how local laws apply to your Boat Listings and charter services on GotoSailing.com, you must seek legal guidance.
The information that we display on our Site is based on the information provided by Charter Operators. The Charter Operators are given access to an extranet or other type of connection to the Site. Using this connection, they are fully responsible for updating all rates, availability and other relevant booking information which is displayed on our Site. Although we will use considerable care in providing our services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct. We cannot be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Site or otherwise), any inaccurate, misleading or untrue information or the non-delivery of information. Each Charter Operator is responsible at all times for the correctness, accuracy and completeness of the information (including the rates and availability) it provides to be displayed on our Site. Our Site does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Charter Operator and/or Supplier or its products or services.
While we may help facilitate the resolution of disputes, GotoSailing.com has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any boat or Charter Services, (ii) the truth or accuracy of any boat description, rating, review, or other content or (iii) the performance or conduct of any Charterer and/or Charter Operator or any other Supplier. GotoSailing.com does not endorse any Charter Operator, Charter Services, Boat, Charterer or Suppliers. A Charterer or Charter Operator being "verified (or similar wording)" only indicates that the Charterer or the Charter Operator has gone through a relevant verification or identification procedure. Such descriptions and references are not an endorsement, certification or guarantee by GotoSailing.com. This goes for any Charterer or Charter Operator, including the Charterer or Charter Operator’s identity or background or whether the Member is trustworthy, safe or suitable. You must always be very cautious when deciding whether to charter a boat or use other charter services, accept a booking request from a Charterer, or communicate and interact (whether online or in person) with the other Charterer and/or Charter Operator. Verified Images only indicate a visual representation of a boat at the time the photograph was taken, and cannot be regarded as endorsement by GotoSailing.com of any Charter Operator or boat.
If you choose to use the Site as a Charter Operator, your relationship with GotoSailing.com is limited to being an independent third-party contractor. You are not a partner, agent, employee or joint venturer of GotoSailing.com in any sense. You act solely for your own benefit and on your own behalf, and not for the benefit or on behalf of GotoSailing.com.
To promote the Site and to increase the exposure of your boat fleet to potential Charterers and others, content may be displayed in applications, on other websites, within emails, and in online and offline advertisements. To deliver our services to Charterers and Charter Operators who speak different languages, Boat Listings and other Member Content may be translated, in whole or in part, into other languages. GotoSailing.com cannot guarantee the accuracy or quality of such translations and Charterers and Charter Operators are responsible for reviewing and validating the accuracy of such translations. The Site may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
The Site may contain links to third-party websites or resources. Such third-party services may have different terms and conditions and privacy policies. GotoSailing.com is not responsible or liable for the accuracy or availability of such third-party services, or the products, services or content that such third-party services provide. Links to such third-party services are not an endorsement by GotoSailing.com of their services.
In case a booking is rejected or cancelled after a payment has already been made, total booking value will be refunded. Exceptions may occur in the cases of unauthorized Reselling or in any other inappropriate action. In such cases we may decide in our sole and absolute discretion for where we reserve the right not to refund the total booking value or any part thereof. In the event of unauthorized Reselling refunds will not be issued because of many negative factors including the harm such practice inflicts on our contracted and authorized affiliate partners, Charter Operators who provide with inventory on a trusted and contracted basis and the negative brand impact caused due to unauthorized resellers attempting to undercut business with actions that may include placing the resold inventory on sites run by competitors without our knowledge. We also reserve the right to bar (“Blacklist”) Members from the Site, at our discretion, permanently or temporarily. Such Blacklisted Members must not try to access the Site using any other name or through any other Member.
In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, regardless of their origin. An obvious error would be, for example, a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would acknowledge to be abnormal. In such cases, the booking will be adjusted, or, where necessary, the charged amount will be paid without charge. Whether to cancel or reject a booking for this reason is in sole discretion.
Circumstances such as boat booking errors, ongoing renovations and specific needs of guests can have a huge effect the quality of your trip. Please make sure to let the Charter Operator know any special requests or requirements you have prior to check-in.
Because of the nature of the Internet, GotoSailing.com cannot guarantee the continuous and uninterrupted accessibility and availability of the Site. GotoSailing.com may restrict the availability of the Site or its certain areas or features, if determined necessary in view of the security or integrity of our servers, capacity limits, or to execute maintenance processes that ensure the proper functioning or improvement of the Site. From time to time, GotoSailing.com may improve, enhance and modify the Site and introduce new services.
2. Eligibility, Using the GotoSailing.com Site
To access and use the Site or register for a GotoSailing.com Account, you must be at least 18 years old and able to enter into legally binding contracts. By accessing or using the Site you warrant and represent that you are 18 or older and you have the authority and legal capacity to enter into a contract.
Therefore, you are not allowed to
- resell, access, monitor or copy any content or information of the Site using any scraper, robot, spider or other automated means or any manual process for any purpose,
- deep-link to any portion of the Site,
- violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures used to prevent or restrict access to the Site;
- take any action that imposes, or we think may impose, an unreasonable or disproportionately large load on our infrastructure,
- use, re-sell, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose,
- "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization,
- deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity,
- provide links to or deliver any postings containing material that could be considered obscene, harmful, violent, pornographic, indecent, lewd, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable,
- Provide links to or deliver any postings containing false, defamatory, libelous or slanderous material,
- deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, patents, trademarks, copyrights, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
- impersonate another person or entity, adopt a false identity or falsely state or otherwise misrepresent your affiliation with a person or entity, if the purpose of doing so is to deceive, mislead or defraud another,
- manipulate identifiers, including by forging headers, with the purpose of hiding the origin of any posting that you deliver;
- use the Site in any manner which could impair, overburden, damage, disable or otherwise interfere with the use of the Site or other Members' computer equipment, or cause damage, disruption or limit the functioning of any hardware, software or telecommunications equipment,
- try to gain unauthorized access to the Site, any related website, other Accounts, computer system or networks connected to the Site, through hacking, password mining, or any other means,
- obtain or attempt to obtain any material or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses,
- engage in deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or use search engine optimization (“SEO”) techniques which are considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, keyword stuffing, Google bombs, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.,
- do anything else which could cause damage to the Site and their employees, reputation, or would otherwise have a negative impact,
- aid or abet any of the above.
Without the express written permission of GotoSailing.com and unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes.
By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.
You will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence, if and when applicable.
If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the GotoSailing.com implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Account Registration
To access and use certain features of the Site, you must register with an Account ("GotoSailing.com Account"), and thus become a Member to publish or book a boat, to buy or provide services. If you are starting a GotoSailing.com Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a GotoSailing.com Account using an email address and creating a password. If available, you can do so also through your Account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You can disable the connection between your GotoSailing.com Account and your SNS Account at any time, by accessing the "Settings" section of the Site.
You must provide current, accurate and complete information during registration process and make sure to keep your GotoSailing.com Account up-to-date.
You may not register more than one (1) GotoSailing.com Account unless authorized by GotoSailing.com. You may not assign or otherwise transfer your GotoSailing.com Account to another party.
Maintaining the confidentiality and security of your GotoSailing.com Account credentials is your responsibility and you may not disclose your credentials to any Third Party. If you know or have any reason to suspect that your credentials have been stolen, lost, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your GotoSailing.com Account, you must immediately notify GotoSailing.com. You are liable for any and all activities conducted through your GotoSailing.com Account, unless such activities are not authorized by you and you are not otherwise negligent as in failing to report the unauthorized use or loss of your credentials.
GotoSailing.com may enable features that allow you to authorize other Members or certain third parties to take certain actions that may affect your GotoSailing.com Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Charter Operators to add other Members to help manage their Boat Listings. These features do not make it necessary that you share your credentials with any other person. No Third Party is authorized by GotoSailing.com to ask for your credentials, and you will not request the credentials of another Member.
4. Content, Ratings and Reviews, Further Correspondence and Communication
At its sole discretion, GotoSailing.com may allow Members to:
- Create, upload, send, receive, post and store content and information including text, photos, audio, video or other materials on or through the Site ("Member Content")
- Access and view Member Content and any content that GotoSailing.com itself displays on or through the Site, including proprietary GotoSailing.com content and any content licensed or authorized for use by or through GotoSailing.com from a Third Party ("GotoSailing.com Content" and together with Member Content, "Communal Content")
GotoSailing.com content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Netherlands and other countries. You acknowledge and agree that the GotoSailing.com Site and GotoSailing.com content, including all associated intellectual property rights, are the exclusive property of GotoSailing.com and/or its licensors or authorizing third-parties. You will not remove, obscure or alter any copyright, trademark, service mark or other proprietary rights notices integrated in or accompanying the Site, GotoSailing.com content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of GotoSailing.com used on or in connection with the GotoSailing.com Site and GotoSailing.com Content, are trademarks or registered trademarks of GotoSailing.com in the Netherlands and abroad. Trademarks, logos, service marks, trade names and any other proprietary designations of third parties used on or in connection with the GotoSailing.com Site, GotoSailing.com content, and/or Communal Content are used only for identification purposes and may be the property of their respective owners.
Except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms, you will not use, modify, copy, adapt, prepare derivative works of, distribute, license, transfer, sell, publicly display, publicly perform, transmit, broadcast or otherwise exploit the GotoSailing.com Site or Communal Content. Except for the licenses and rights expressly granted in these Terms, no rights or licenses are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GotoSailing.com or its licensors.
Subject to your compliance with these Terms, GotoSailing.com grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to (i) download and use the application on your personal device(s); and (ii) access and view any Communal Content provided on or through the Site and accessible to you, only for your personal and non-commercial use.
By creating, uploading, sending, receiving, posting, storing, or otherwise making available any Member Content on or through the Site, you grant GotoSailing.com a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, publish, distribute, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Site, in any media or platform. GotoSailing.com does not claim any ownership rights in any Member Content unless you provide specific consent, and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
GotoSailing.com may offer Charter Operators the option of having professional photographers take photographs of their Boat Listings and Charter Services. The photographs are provided by the photographer to Charter Operators. Charter Operators may include these photos in their Boat Listings with or without a watermark or tag bearing the words "GotoSailing.com Verified Photo" or similar wording ("Verified Images"). It is your responsibility to make sure that your Boat and Charter Service are accurately represented in the Verified Images. If they no longer accurately represent your Boat Listing, if you stop hosting the featured Charter Service, or if your GotoSailing.com Account is terminated or suspended for any reason, you will stop using the Verified Images on or through the Site. You acknowledge and agree that GotoSailing.com shall have the right to use any Verified Image in marketing, advertising and/or for any other business purposes in any platform or media, whether or not in relation to your Boat Listing and without further notice or compensation to you. Where GotoSailing.com is not the exclusive owner of verified Images, by using such verified Images on or through the Site, you grant GotoSailing.com an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such verified Images for advertising, marketing and/or any other business purposes in any platform or media, whether in relation to your Boat Listing or otherwise, without further notice or compensation to you. GotoSailing.com in turn grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to use verified Images outside of the Site, only for your personal and non-commercial use.
For all Member Content that you make available on or through the Site, you are solely responsible. You represent and warrant that:
- You either are the sole and exclusive owner of all Member Content that you provide on or through the Site or you have all rights, licenses, consents and releases that are necessary to grant to GotoSailing.com the rights in and to such Member Content, as contemplated under these Terms; and
- Neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or GotoSailing.com's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a Third Party's patent, trademark, copyright, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not upload, post, publish, submit or transmit any Member Content that:
- is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
- is defamatory, libelous, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
- promotes illegal or harmful activities or substances; or violates any of GotoSailing.com policies
- GotoSailing.com may, without prior notice, remove or disable access to any Member Content that GotoSailing.com determines to be violating of these Terms or GotoSailing.com’s then-current policies or standards, or otherwise may be harmful or objectionable to GotoSailing.com, its Members, third parties or property.
GotoSailing.com respects copyright law and expects the same from its Members. If you believe that any content on the Site infringes copyrights you own, please inform us immediately.
Ratings and Reviews
When you complete a booking, it means that you agree to receive an invitation email to fill out our review form which we will send to you after your stay at the boat. The email may be followed by one or more reminders. Completion of the form is optional. The confirmation and review communications in the form of emails or SMS, are transactional and are not part of the marketing mails or newsletters from which you can unsubscribe.
The boat ratings are for your information only. The ratings are formed on the basis of information we have received from the Suppliers and the Charter Operators. The default setting for the ranking of Charter Operators on our Site is "Recommended" or any similar wording (the "Default Ranking"). We also offer other ways to rank the Charter Operator. Note that the Default Ranking is generated through a fully automated ranking system (algorithm) and is based on multiple criteria, which include not only the popularity of a Charter Operator among our Customers, but also Customer Service history and certain booking-related data such as number of bookings, cancellations, conversion rate, etc. On-time payment of commission by a Charter Operator and the commission percentage are also included in the algorithm; but, they are only two of the several factors in the Default Ranking.
A star rating system coupled with ranking, only indicates the level of satisfaction you can expect to find in a particular boat. A higher star rating usually indicates a higher level of comfort. Please note that star ratings can differ remarkably based on location, local market conditions, available alternatives, practices or other circumstances. Thus, it is possible that a star rating in one particular country, region, port, marina or city is not comparable to the same star rating in another location due to such circumstances. Ratings may not always reflect all the facilities or services that might be available on a boat, and some facilities and features may not be available in every cabin or at every boat with a particular star rating. If there are any amenities or features that are particularly important to you, please contact our Customer Service and ask.
Charterers can post a public review and submit a star rating about their stay within a certain timeframe after completing a booking. Any ratings or reviews reflect the opinion of individual Customers and not the opinion of GotoSailing.com. Ratings and reviews are not verified by GotoSailing.com for correctness and may be inaccurate or misleading.
Ratings and reviews by Customers must be factual, truthful and fair and may not consist of any offensive or defamatory language.
Customers and Charter Operators are prohibited from manipulating the ratings and reviews system in any way, including arranging a Third Party to write a positive or negative review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Site together with other relevant information such as number of bookings, number of cancellations and other information.
Further Correspondence and Communication
By completing a booking, you agree to receive:
- an email which we may send you shortly before your date of arrival, giving you information on your destination and providing you with certain information and offers (including Third Party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and
- an email which we may send to you promptly after your stay, inviting you to complete our guest review form. Please see our Privacy and Cookies Policy for more information about how we may contact you.
GotoSailing.com does not claim any responsibility or liability for any communication with the Charter Operator and/or the Supplier on or through its Site. You cannot derive any rights from any request to, or communication with the Charter Operator and/or the Supplier or (any form of) acknowledgement of receipt of any communication or request. GotoSailing.com cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Charter Operator and/or the Supplier.
In order to appropriately complete and secure your reservation, you need to use your correct and valid email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against GotoSailing.com or in respect to the service must be submitted immediately, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check-out date). Any complaint or claim that is submitted after 30 days may be rejected, and the claimant shall forfeit their right to any damage or cost compensation.
Due to the continuous adjustments and update of availability and rates, we strongly suggest that you take screenshots when making a reservation to support your claim, if necessary.
5. Prepayment, Payment and Payout Methods
When you add a payment or payout method to your GotoSailing.com Account, you will be asked to provide billing information to GotoSailing.com or its third-party payment processor(s) such as name, billing address, and financial instrument information. When adding a payment or payout method, you must provide current, accurate and complete information. You are obliged to keep your payment method and payout method up-to-date at all times.
Payment must be made either by bank credit card or bank transfer. In the case of bank transfer, Charterer must state the booking code given in the description of the payment. Charterer must send a copy of the bank transfer by email to GotoSailing.com upon payment.
You authorize GotoSailing.com to charge your payment method, the Total Fees for any booking request connected with your GotoSailing.com Account. GotoSailing.com will collect the Total Fees in the manner agreed between you and GotoSailing.com via the GotoSailing.com Site. GotoSailing.com will typically collect the Total Fees after the Charter Operator accepts your booking request. GotoSailing.com may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed on GotoSailing.com Site and included in the Total Fees. You agree to pay such fees by selecting the payment option. If GotoSailing.com cannot to collect the Total Fees as scheduled, GotoSailing.com will collect the Total Fees later. Once the payment transaction for the booking you requested is successfully completed, you will receive a confirmation email.
For boat and/or cabin bookings with credit card, your credit card will be charged by GotoSailing.com for the full price (sometimes without any option for refund depending on the Charter Operator’s Booking Conditions) upon reservation and confirmation of the booking. Please check the booking details carefully for any such circumstances before making your reservation. GotoSailing.com will process refunds, if and when applicable, within a reasonable timeframe. We use the "Secure Socket Layer (SSL)" technology in order to protect and encrypt your credit card information when in transit to us. Please be aware that your bank may impose additional fees on the transaction. GotoSailing.com has no control over such additional fees. For bookings with bank transfer payment, the Charterer can make a payment via bank transfer in order to reserve a boat. In this case, a non-refundable amount 10% of the total charter fee will be charged on the Charterer’s credit card or any other payment system until the Charterer transfers the rest of the fee into the GotoSailing.com’s bank Account within 3 (three) business days. If the bank transfer does not take place within the stated time period, the reservation of the Boat will be cancelled without any refunds.
For processing "foreign transactions", certain credit card companies charge their Member banks a fee. If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you. This is outside the control of GotoSailing.com, so please contact your issuing bank for details.
In the event of unauthorized use of your credit card by third parties or credit card fraud, you should contact your bank or card issuer immediately after noticing such unauthorized use. If you suspect an unauthorized or fraudulent booking, please contact our Customer service team immediately.
To make a booking, you must be over 18 years old (or the age of majority in those countries and territories where it is higher than 18) and have the full legal capacity to make the transaction (or have the authorization from your legal guardian). You undertake that the credit card or any other payment method available on the payment page you are using, is your own or that you are authorized to complete the booking with this card and/or payment method that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or Account. You undertake that the details you provide us with while making a booking are fully correct.
We employ stringent fraud detection and prevention procedures. In certain cases, we may require verifications or additional information to confirm and validate the booking. Reservations are not confirmed until you have received a confirmation mail with a voucher and it is possible that a whole boat and/or a cabin could become fully booked during the fraud check. In this case the reservation will no longer be available. GotoSailing.com can never be held liable in such cases. Additional information provided will be processed according to strict industry standards to protect privacy, for example using encryption for transmission and specialized agents for verification. If you choose not to provide the additional information or if we are not satisfied with the received information, the booking will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded.
Payment on the Site may fail for a number of reasons. In such cases, GotoSailing.com will provide you with alternatives to make sure that you proceed with your reservation. If you have any questions, please contact our Customer services team.
6. Group Payment Terms
The term “Charter Organizer” describes a Charterer who makes a Booking request for a Boat Listing, and manages the Booking after confirmation, on behalf of himself/herself as well as two or more other Co-Charterers.
The term “Co-Charterers” describes individuals who are invited and accept the invitation to take part in a Group Payment Booking Request by paying a (not necessarily pro-rata) percentage of the Total Fees.
The term “Group Payment Booking Request” describes a Booking request made by a Charter Organizer after designating that s/he is organizing a group charter on behalf of himself/herself as well as two or more other Co-Charterers.
The term “Group Payment Booking” describes a Group Payment Booking Request that has been accepted by the Charter Operator and paid for in full by the Charter Organizer and his/her Co-Charterers. To access and use Group Payment feature of the Site, Co-Charterers does not necessarily need to register with an Account ("GotoSailing.com Account"), and thus become a Member to pay for their share of the Charter; but when you as Co-Charterer use the GotoSailing.com Site, you agree to comply with and be bound by the Terms and Conditions of the Site.
After the submission of the Group Payment Booking Request, you as the Charter Organizer will be charged for your share of the Total Fee. You can then send invitations to all Co-Charterers, including them into the Group Payment Booking Request. Beginning from the time of the confirmation of the Group Payment Booking Request, Co-Charterers will have seventy-two (72) hours to make their respective payments.
If the payment is not completed within the designated time frame, your Group Payment Booking Request will be cancelled. Also, if the Charter Organizer’s Payment Method fails, you will be contacted via GotoSailing.com platform and asked to submit another payment. To prevent cancellation of the Group Payment Booking Request, such payment must be received within the same time frames designated for Co-Charterers.
If you as the Charter Organizer submit an alteration request that increases the Total Fees due for the Group Payment Booking Request, you alone will be charged for the amount of such increase; any alteration that decreases the Total Fees, the Charter Organizer will be reimbursed for the difference.
By taking part in a Group Payment Booking, each Co-Charterer authorizes the Charter Organizer: (i) to act on Co-Charterer’s behalf to manage the Booking and the following alteration requests- if there are any ; and (ii) to observe the status of all payments that belong to the Group Payment Booking.
Termination and Disputes between Co-Charterers and Charter Organizers
Charter Organizer is not allowed to remove any Co-Charterer from a Group Payment Booking. If Charter Organizer and/or Co-Charterer agree that Co-Charterer will cease to take part in a Group Payment Booking, they each agree that any amounts due from one to the other will be settled between them directly, outside the GotoSailing.com platform. Both Charter Organizer and Co-Charterer also accept that GotoSailing.com holds the right to end the Group Payment service or end either party’s participation in the Group Payment service.
- Effect of Termination
If Charter Organizer or any Co-Charterer is or becomes ineligible to take part in the GotoSailing.com Platform, the Group Payment Booking will be cancelled entirely. After termination, Charter Organizer will still hold the responsibility for all of his/her as well as his/her Co-Charterers’ actions before removal, including the responsibility to complete any pending or future payments due from Co-Charterer.
Mediating disputes between Charter Organizers and Co- Charterers is not GotoSailing.com’s obligation. However, GotoSailing.com reserves the right to conduct its own investigation and take necessary action. In such cases, both Charter Organizers and Co-Charterers agree to cooperate with and help GotoSailing.com in good faith, and to give GotoSailing.com related information and take actions that may be requested by GotoSailing.com within reason, related to any claims or complaints made by Members about activities, Bookings, Listings, or or other Listing or with respect to any investigation conducted by GotoSailing.com or a representative of GotoSailing.com, regarding the use or abuse of the Group Payment service, Site, Application, or the Services.
GotoSailing.com reserves the right to any remedy, which may result in legal action and/or suspending or disqualifying you from the Group Payment Service or suspending, limiting deactivating, or terminating your GotoSailing.com Account, if, in our sole discretion, we determine that you have violated these Group Payment Terms, the Terms and Conditions, Payments Terms or applicable laws, or where we find it necessary within reason to safeguard the safety of Members or GotoSailing.com, for risk assessment, fraud prevention, security or investigation purposes.
Accepting whether or not to take part in the Group Payment service is your responsibility, and you do so at your own risk. We do not hold responsibility for any harm or damage that may result from your interactions with Charter Organizers, Co-Charterers and/or Charter Operators.
By using the Group Payment service, the Site, Application, or Services, you agree that any legal remedy or liability that you seek to get for actions or mistakes of other Members, including Charter Organizers, Co-Charterers, and/or other third parties, will be limited to a claim against the particular Members or other third parties who caused you harm. With respect to such actions or mistakes, you agree not to attempt to impose liability on or seek any legal remedy from GotoSailing.com
Whether you are a Charter Organizer or a Co-Charterer, you agree to release, defend, indemnify, and hold GotoSailing.com and its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any liabilities, claims, losses, damages and expenses, including, without limitation, reasonable legal and accounting fees, resulting from or in any way related with your use of the Group Payment service, your violation of these Group Payment Terms, your actions, your misrepresentations or breaches of any representation or agreement in these Group Payment Terms or the Terms and Conditions, Payments Terms or your agreements with third parties, or your violation of any rights of another person or entity.
7. Prices, Additional Charges, Service Fees and Security Deposit
We want you to pay the lowest price possible for chartering a boat and we work hard to have the most competitive prices. Sometimes cheaper rates are available on the Site for a specific stay at a boat or for the same cabin type, but, these rates determined by Charter Operators may hold special restrictions and conditions, for example in respect of cancellation and refund. Please check the rate details, boat and/or cabin type carefully for any such conditions before making your reservation. Depending on such restrictions and conditions, there may be different rates for the same boat and/or cabin type.
We will not charge you for our service or add any additional reservation fees to the rate, thus the service we provide for our Customers is free of charge.
When the Charterer pays for the service or product of the Charter Operator and/or Supplier, Charter Operators and Suppliers pay a commission that is a small percentage of the boat or cabin price, to GotoSailing.com.
Please note that all prices on the Site are for the whole boat or cabin only and are for the requested dates and for the number of people stated, unless indicated otherwise. The whole boat booking rates are displayed per boat and per week for the number of available berths; the cabin reservations are displayed per week for a double cabin. Except where indicated otherwise, the Site will typically display the rate without tax recovery and service charges, and display these additional tax recovery and service charges through the booking path. Without prejudice to what is set out below, you will see the total inclusive price before confirming your booking. Display settings may vary, but this will at the latest show on the final booking page (before the confirmation screen). Please verify every step of your reservation on the booking form; you can discontinue the booking at any time before the final confirmation screen (please see below for post-booking cancellations).
With a chartering boat, the price typically includes all of its electronic and safety equipment, as well. What is included in the rate is displayed on the Site (under the Boat information section or prior to the final booking confirmation) and/or in the confirmation email/voucher. Unless stated otherwise, security deposit, fuel, energy surcharges, final cleaning of the boat, food, transport, and transfer costs to/from the charter base, marina/port, mooring and other mandatory taxes/fees and certain local city or tourist taxes (when applicable) that are required to be collected directly from Charterers, are typically not included in the rate. Governments have on occasion issued additional taxes and may ask the Charter Operators to collect these directly. These charges, if applicable, will be payable by you to the Charter Operator directly at checkout. Depending on the base and the boat, certain mandatory options might be added to the charter rate. The list of these options is visible on each price quote. Any mandatory and/or optional taxes/fees, equipment and service fees will be detailed and priced on the Charter Operator’s page for each boat.
The standard cabin reservations are for double occupancy, extra berths in a cabin will not be available. Depending on berth availability, the Charter Operator reserves the right not to accept additional persons if not duly informed in advance. The practice to add additional charter fees is outside control and may occur in certain markets. Please check the “Booking Conditions”, “Cancellation Policy” or similar wording on the Site. When you doubt whether something is included, you can contact our Customer Service team.
Additional Charges for Services from Suppliers
Please note that unless otherwise indicated, all prices on the Site are for other services from Suppliers that are set by our partners. Please refer to the related Partner’s terms and conditions for any additional charges that may be applicable to your reservation.
Security deposit is an amount Charterer leaves as a deposit against any damage Charterer may cause to the boat. It is to be paid prior to the embarkment on the boat directly to the Charter Operator, failing to do so may result in cancellation of the charter without any refunds. The Charter Operator is entitled to decline any Charterers who have not paid the security deposit in full and in described form. It is fully refundable, and it is refunded at the end of the charter if no damage is caused. It is possible to insure security deposit by simply following the instructions on the booking page.
When Charterers make and Charter Operators accept a booking, they are entering into a contract directly with each other. GotoSailing.com is not and does not become a party to or other participant in any contractual relationship between Charterers and Charter Operators, nor is GotoSailing.com an insurer or mediator to settle any dispute between Charterer and Charter Operator.
The security deposit is to be paid directly to the Charter Operator before embarkment on the boat. The details of the payment method will be stated on the Charter Operator’s page and in your confirmation email. After the charter is completed, the whole security deposit will be repaid to the Charterer, unless any damage to the boat or loss of equipment has occurred.
However, if the damages have occurred, then security deposit will be retained partly or fully by the Charter Operator, depending on size of the damage and the details of policy of Charter Operator. Some typical industry practices are as follows:
- Specific damage to your boat (i.e. breakages or blockages caused by the Charterer)
- Damage caused as a result of negligence
- When there has been a grounding and a diver is required to check under the boat for damage
- Not returning the boat to the contracted marina on time
- Damage caused by a Third Party where you didn’t properly report the incident
- In case of a larger damage, security deposit shall be kept in full and Charterer has no right for its return.
- In case of a smaller damage, Charter Operator will keep the amount needed for the repairs and purchase of damaged or lost equipment, covering of intervention costs and/or handling costs. In this case the rest of the security deposit shall be refunded to Charterer
- In case the boat is not be capable to go to next charter due to the damages, the full security deposit shall be taken, due to the fact that Charter Operator shall have expenses related to serving the next Customer. Paying security deposit is obligatory also in cases when Customer hires a professional skipper from the Charter Operator. In such a case, the security deposit cannot be used for covering the costs which emerged due to skipper's negligence, bad operation of the boat or its equipment. In case the damage has occurred due to gross negligence of the Customer, or behaviors such as sailing under influence of alcohol or illegal drugs, sailing single-handed or sailing at forbidden times or outside of approved areas, or participating in regattas without written approval of Charter Operator, or similar serious breaches, the Customer shall typically be liable even beyond the amount of the security deposit, including expenses connected to repairs and remunerations for lost charter income in the next weeks.
- Charterer will not be charged for breakages that are a result of ordinary wear and tear.
8. Booking Modifications, Cancellations and No-Shows
By making a boat reservation on our Site, you accept and agree to the relevant Charter Operator’s Booking Conditions, including modification, cancellation and no-show policies applicable to that booking, and to any additional terms and conditions of the boat that may apply to your reservation or during your stay, including for services rendered and/or goods offered by the Charter Operator. Terms and conditions of a boat can be obtained with the relevant Charter Operator.
Charter Operators and Charterers are responsible for any modifications to a booking that they make via the GotoSailing.com Site and agree to pay any additional fees, and taxes regarding such booking modifications.
The general cancellation and no-show policy of each Boat is displayed on the Site at the Boat information pages or under “Booking Conditions”, “Cancellation Policies” or similar, as well as in the confirmation email and voucher. Please note that you may be charged for your cancellation in accordance with the Charter Operator’s cancellation and no-show policy, in most cases for the entire stay. We recommend that you read the cancellation and no-show policy of the Charter Operator carefully before making your reservation. If you fail to check in to your boat on time on the day of your reservation and do not notify the Charter Operator, the remaining days of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the related Charter Operator. Regardless of the Charter Operator’s cancellation policy, GotoSailing.com reserves the right to charge a cancellation fee, which will be stated on the Site. Please check the boat details carefully and thoroughly for any such conditions before making your reservation. Please note that some Charter Operators will charge extra for early or late check-outs.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein or contact Customer Service.
9. Terms specific for Charter Operators and Charterers
For Charter Operators
When you create a Boat Listing on the GotoSailing.com Site you must (i) provide complete and accurate information about your boat and charter service, including boat description, location, and calendar availability, (ii) state any restrictions (such as charter base, boat, marina rules), deficiencies, and relevant requirements that apply (such as any license requirements, nationality, minimum age, proficiency or fitness requirements for chartering a boat) and (iii) provide any other related information requested by GotoSailing.com. You are responsible for keeping your Boat Listing information along with calendar availability up-to-date at all times.
You are solely responsible for setting a price (including VAT and any other taxes if applicable) for your Boat Listing. Once a Customer requests a booking for your boat, you may not request the Customer to pay a higher price than what is stated in the booking request.
Any terms and conditions included in your Boat Listing, especially on cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Boat Listing.
Pictures, animations or videos (collectively, "Images") used in your Boat Listings must accurately reflect the quality and condition of your boat and charter services. GotoSailing.com reserves the right to require that Boat Listings have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Boat Listings in search results on the GotoSailing.com Site may vary and depend on a wide range of factors, including Customer search parameters and preferences, Charter Operator requirements, price and calendar availability, number and quality of Images, Customer Service and cancellation history, reviews and ratings, type of charter service, and/or ease of booking.
From the point when you accept or have pre-approved a booking request by a Charterer, you are entering into a legally binding agreement with the Customer and are required to provide your charter service(s) to the Customer as described in your Boat Listing at the time of the booking request. You also agree to pay the related Charter Operator fee and any applicable taxes, which will be collected pursuant to the payments terms.
The boat shall be deemed to have been handed over from the moment the Charterer has signed the inventory list/handover report or has moved onto the boat with his/her crew and the luggage.
Unavailability of the Boat
If the Charter Operator fails to provide the boat on the agreed date because of unseaworthiness as a consequence of damage incurred during the previous charter or for any reason beyond the control of Charter Operator, the Charter Operator shall have the right to provide the Charterer with a boat that is at least of equivalent standard, for example, a boat with the same number of berths, or to refund the full charter fee. In this case, the Charterer wouldn’t have the right to make further demands for damages. The amount of this refund will be a percentage of the charter fee and depend on the actual period of time the boat remains unfit to sail.
The Boat can be used by the Charterer only for entertainment and holidays. Without Charter Operator’s written consent, the boat cannot be used to enter any regattas, sports events or racing events. This written agreement has to be done before booking the boat, any inquiry after the booking will be subject to relevant Charter Operator’s Booking Conditions. Before chartering a bareboat, it is necessary to check with Charter Operator if your navigation licenses or permits are valid in the navigation area you plan to sail. The Charterer is liable to be nautically and navigationally skilled for the bareboat charter, otherwise s/he will be liable to accept a skipper according to the effective price list of Charter Operator, to have all required licenses for operating the boat in case of bareboat charter.
Embarking on a cabin cruise on a crewed sailing boat requires no sailing license or experience. Cabins usually accommodate 2 or 3 people and may have a private bathroom. On board there will be professional crew: a skipper who is in charge of sailing, and a hostess who prepares meals and tends to the needs of guests. Certain cabin cruises do not have a hostess or full board package so make sure to check carefully on the Charter Operator’s page before booking your cabin.
Charterer is not allowed to take any person on board other than person(s) stated in the crew list. The boat cannot be chartered to a third person, cannot be used to transport persons or goods for commercial purposes, or cannot engage in any other commercial use or cannot be used for racing without the written agreement of the Charter Operator. The Charterer agrees to respect the laws and legal regulations and the custom laws of any country and to respect the regulations pertaining to fishing, underwater fishing/diving and the export of the archaeological objects. In case of illegal activity this agreement is automatically cancelled and the Charterer is solely responsible.
By following the booking process, you can book a boat available on the GotoSailing.com Site, while being subject to meeting any requirements (such as completing any verification processes) set by the Charter Operator. All applicable fees, including the security deposit (if applicable), Boat Listing fee, and any applicable taxes (“Total Fees”) will be displayed before booking a Boat. You agree to pay all the Total Fees for any booking requested in connection with your GotoSailing.com Account.
Upon receiving a booking confirmation from GotoSailing.com, a legally binding agreement is formed between you and your Charter Operator, subject to any additional Terms and Conditions of the Charter Operator that apply, including especially the applicable cancellation policy and any rules and restrictions stated in the Boat Listing.
If you book a boat on behalf of additional crew members, you are responsible for ensuring that every additional crew member meets any requirements set by the Charter Operator, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Charter Operator. If you are booking for an additional crew member who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.
Experience for Bareboats
The Charterer’s sailing experience will be verified with a form filled out and sent to GotoSailing.com. For each boat, there must be at least one trained skipper. When offered bareboat, the boats are offered on the condition that the person identified on the booking form as the skipper has enough sailing experience, and a valid license to handle a boat of the size and type chartered. The skipper must be assisted by at least one other able adult crew member.
The Charterer declares that the information s/he has provided about his/her sailing experience is true and correct. If it becomes apparent that this information is incorrect during the boat handover or afterwards, the Charter Operator reserves the right to employ a professional skipper for the duration of the charter, which will be paid by the Charterer.
The Charterer/skipper is solely responsible for the boat, charter party, harbor and customs formalities. The Charterer is requested to ask the Charter Operator for assistance and advice in these matters in case of any need.
Some destinations will require the Charterer to have a valid VHF Certificate of Competency in addition to a valid license for the country of charter. It is the Charterer’s responsibility to ensure that the skipper has the requisite Certificate of Competency required by the authorities in any country visited during the charter. Before the trip, the Charter Operator may ask for a nautical CV detailing Charterer’s experience.
The basic sailing area of the boat is stated in registration documents of the boat in question. In case the Charterer wants to sail outside this basic sailing area, the Charterer will be liable to inform GotoSailing.com and the Charter Operator about their intentions before booking confirmation. This must be done in order for the boat to be insured and registered for that occasion, and simultaneously the Charterer shall be charged for the stated additional insurance and registration costs, along with any extra costs that may arise for the Charter Operator because of this request. It’s also possible for Charter Operator to request a higher security deposit in such cases. Charterer hereby agrees that, if sailing outside of the basic sailing area, the Charterer should be prepared to organize boat’s maintenance and repairs on his/her own, and on his/her own cost, as most commonly the Charter Operator’s maintenance and intervention services do not cover those areas. Charter Operator shall inform the Charterer about their procedures in such cases.
Other Liabilities of the Charterer:
- to keep the crew list with the certificate of residence registration together with boat documentation for the whole duration of charter,
- to hold on to obligatory control intervals for the duration of sailing
- in case of towing, to conclude an award for rescuing before the acceptance of help,
- to undertake all safety precautions in order to avoid any damages or towing of the boat and keep the boat in good condition,
- not to leave the port if the foreseen wind force were estimated stronger than 25 knots, or if the port authorities issued a prohibition on leaving port, without prior consent given by Charter Operator,
- to prevent unnecessary burdening of masts, sails and ropes, i.e. to sail in accordance with the weather conditions,
- to plan the navigation route very carefully, as to avoid that the boat is at approximately 40 NM distant from the check-out charter base two days before arrival,
- not to sail at night without prior consent given by Charter Operator,
- not to sail single-handed without prior consent given by Charter Operator,
- to inform the charter base about the boat’s exact location in case of severe weather conditions (gale-force wind), in order to avoid unnecessary search for the boat,
- not to operate the boat under influence of alcohol or any illegal drugs, and generally not to use or have any illegal drugs on board,
- not to make excessive noise in marinas, harbors and other mooring locations,
- to respect the privacy and the night-rest rights of occupants of the neighboring boats and houses,
- not to embark pets (dogs, cats, birds, etc.) aboard without written consent of Charter Operator,
- to respect any other provisions that are not listed above, but are listed in the valid Terms and Conditions of the relevant Charter Operator. The Customer warrants joint responsibility for all crew Members, namely guests on-board. All consequences arising from the Customer's or other crew members on board not respecting the liabilities above are the sole responsibility of the Customer,
- In the event of noncompliance with the obligations above, even if such noncompliance is not attributable to the Charterer, the Charterer explicitly releases the Charter Operator from any responsibility vis-à-vis the maritime und customs authorities for any lawsuits, proceedings, fines, and confiscation. The Charterer is liable for any acts and/or omissions and their consequences, towards the Charter Operator,
The charter contract remains in effect until the boat has been returned. The Charterer agrees to pay the additional charter fees accumulated until the date of return.
10. Crew List and Arrival Details, Check-in and Check-Out
Crew List and Arrival Details
No later than 10 days before the first day of charter, the Charterer must send a correctly filled crew list. The Charterer/skipper agrees that s/he is the main contracting party for the boat charter, and that Charterer is responsible for the other crew Members on board. Also, it is recommended to send an estimated time of arrival at least 10 days prior to the first day of charter, in order for the base staff to handle the check-in procedure as best as possible. If Charterer has booked a transfer (e.g. from airport), it is obligatory to send detailed arrival and departure information at least 10 days in advance.
Charterer is responsible for the accuracy of the information delivered in the crew list, including validity of all passports, visas, licenses and other identification documents. Charterer and other crew Members are responsible to obtain appropriate visas for all countries they travel to, if applicable. The Charterer acknowledges that the sailing license is a very important document for bareboat charter and that s/he is legally responsible for its accuracy and trust.
Taking over the Boat - Embarkation/Check-in
At the time of taking over the boat, the Charterer is obliged to give to the representative of Charter Operator a verified voucher including all Charterer’s data and charter appointment, with an insight into the original document of the skipper's license. Also, identification documents (e.g. passports) of all guests on board must be provided for the reexamining of the crew list. At the time of taking over the boat, the Charterer shall examine the inventory list together with the representative of Charter Operator and confirm the condition of the delivered boat with his/her signature. The same procedure shall be followed with the instruments aboard.
Once the Charterer confirms that the boat and its equipment are in order, any possible complaints from the Charterer would not be accepted. If any part of the boat is damaged or lost during the previous charters, and if it is impossible to obtain the new boat parts before the date of the new charter and if their loss will not seriously affect the security of navigation, the Charterer will not be able to cancel the charter or to demand a reduction of the charter price. Charterer acknowledges that such situations are consequence of damages caused by a previous Charterer and are not under control of neither GotoSailing.com nor Charter Operator.
In the Mediterranean, most charter periods are always from Saturday to Saturday, for one reason - optimization of schedules. Check-in is usually done on Saturday afternoon. The charter base manager will often ask you to return to the port the following week on Friday night to be ready for disembarking on Saturday morning. The technical team and cleaning team will then need to prepare the boat for the following clients. Weekly charter/rental is shortened by half a day to give some time for the base to intervene between each charter/rental. In other destinations, the charter/rental is not necessarily seven days long nor Saturday to Saturday and embarkment takes place usually around in the late afternoon, disembarkment takes place usually in the morning. Prior to your trip, always check your relevant Charter Operator’s terms page.
Taking back the Boat - Disembarkation/Check-out
When returning the Boat and re-checking the boat based on the inventory list, the fuel tank shall also be examined. If the fuel tank is not full, the Charter Operator shall typically charge the Charterer for the fuel (calculated according to the maximum motor consumption for specific motor hours) plus a service fee. Also, if any damages are found during the boat’s examination, Charterer shall pay for damages as stated in the “Security Deposit” section. On the other hand, if the boat is returned in good state and a full fuel and water tank, the whole deposit should be returned to the Charterer by Charter Operator.
If Charterer takes the boat back to a port that is not stated in the contract as the destination port, the Charterer must pay all costs for the boat’s transport to the destination port, including all remuneration costs for the next Charterer of the boat, plus a penalty fee of 5.000 Euros per day for each day it is required to take back the boat to its destination port. Similarly, if Charterer is overdue, s/he will be fined according to the policy of Charter Operator.
Running behind schedule due to weather conditions is not justified because it is necessary to keep the boat at an appropriate distance from the charter base during the last 48 hours before the charter ends. If the Charterer wishes to prolong the charter, for whatever reason, s/he should inform GotoSailing.com and the Charter Operator about his/her intentions immediately. Charter Operator or GotoSailing.com shall in return inform the Charterer whether the desired prolongation is possible or not. If the prolongation is possible and confirmed, and the Charterer has paid for it, GotoSailing.com will organize for all the necessary paperwork for additional days such as prolongation of the booking, prolongation of the crew list, etc.
11. Specific Policies, Special Needs, Hiring a Skipper, Hostess, Cook or other professional Crew, Additional Services and Goods
Typically in boat charter industry, the boat is to be handed over with full fuel and water tanks, and it has to be returned to the charter base in the same state - with full fuel and water tanks. Due to the fact that boats are expensive property and require a certain level of skill to operate them, Charter Operator may ask the Charterer (or their skipper) to demonstrate their navigation skills in presence of a representative of Charter Operator. The costs for the demonstration - if it should take place- shall be paid by Charterer and the time spent for testing shall be included in the charter period of the boat. If the Charter Operator determines that the Charterer (skipper) is not qualified enough, Charter Operator shall hire a professional skipper and the costs for such a service shall be paid by Charterer based on the current price list. If the Charterer refuses the assigned skipper, s/he will be forbidden for sail out, the charter contract shall be immediately terminated and the paid amount shall be kept without any rights of reimbursement.
Most Charter Operators have specific policies concerning children, accompanying travelers and/or traveling with pets. You are strongly advised to check with Customer Service, the Charter Operator itself to verify the charter policies.
If you have special needs like a wheelchair accessible boat, you must contact Customer Service or the Charter Operator and make sure that special needs can be met. This has to be done before booking the boat. Any inquiry after the booking will be subject to relevant Charter Operator’s Booking Conditions. Please note that all special requests are determined by availability and cannot be guaranteed. Depending on the policy of the related Charter Operator, your reservation may be cancelled without any refunds or modified if special needs cannot be met. If available, your request will be confirmed before your booking.
Hiring a Skipper, Hostess, Cook or other professional Crew
If Charterer requires a skipper and/or a cook, and/or a hostess and/or other professional crew aboard, it would be necessary to point it out during the booking process. If Charterer does not require a skipper, the copy of his/her skipper's license must be sent on the occasion of boat's booking, for approval and verification. If the license is not approved by Charter Operator, the Charterer will be obliged to hire a professional skipper.
For some boats, regardless of Charterer’s licenses, Charter Operator may state that a professional skipper and/or other professional crew members are obligatory. This will be indicated during the booking process. Charterer and Charterer’s other crew members on board should treat the boat’s crew with proper professional respect, and should allow them a proper amount of daily rest. According to usual charter standards, the Charterer is financially responsible for the food for the crew through the charter period.
Additional services and extra goods/equipment (“Extras)
Extras, (e.g. skipper, gennaker, auxiliary engine, one-way options, transfers, etc.) for which an extra payment must be done based on the effective price list of Charter Operator, must be requested by Charterer and accepted by Charter Operator before booking confirmation. Charterer may ask for additional extras even after the booking confirmation. In this case the Charter Operator will take reasonable effort to organize provision of the newly requested extras to the satisfaction of Charterer, and will inform the Charterer whether if it is possible to modify the Booking Conditions with the new extras or not. Charterer acknowledges that the Charter Operator is not obliged to provide newly requested extras at that point in time. At the latest, all extras must be confirmed in writing by both sides not later than 10 days before the beginning of the charter date.
According to industry standards, charter boats are normally insured, with deductible franchise. The insurance usually does not cover damages to personal property of clients and property brought to the boat and a deliberately caused damage, or any damage caused by Charterer’s lack of diligence. It is strongly recommended that, upon booking, Charterer and all crew Members should get adequate travel and health insurances for their travel arrangement.
GotoSailing.com recommends that Charter Operators obtain appropriate insurance for their charter services. Please review any respective insurance policy carefully, and especially make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Charterer(s) and the other crew Members the Charterer has booked for.
If you are a Charterer, you understand and agree that GotoSailing.com and/or the Charter Operator may make a claim under your insurance policy related to any damage or loss that you may have caused, or been responsible for, to the boat or any other boat or property. You agree to cooperate with and assist GotoSailing.com and/or the Charter Operator in good faith, and to provide GotoSailing.com and/or the Charter Operator with such information as may be reasonably requested by GotoSailing.com and/or the Charter Operator, to make a claim under your insurance policy, including, but not limited to, executing documents and taking such further acts as GotoSailing.com and/or the Charter Operator may request to assist GotoSailing.com and/or the Charter Operator in accomplishing the above.
13. Damage to Boats, Disputes between Members, Discontinuation of the Trip
Charterer is responsible for leaving the boat in the condition it was in when s/he has arrived. Charterer is responsible for her/his own acts and omissions as well as for the acts and omissions of any individuals whom Charterer invites to, or otherwise provides access to, the boat, excluding the Charter Operator and the individuals the Charter Operator invites to the boat (if applicable).
If any damage happens during the boat charter due to usual abrasion of boat’s materials or aging of equipment, Charterer must notify Charter Operator as soon as possible. If severe damages like engine troubles, loss of boat, personal injuries or similar incidents take place, the Charterer is liable to inform Charter Operator and local authorities (coast guard, police, health services etc.) about it immediately, and to obtain official minutes and certification on the emerged incident by other parties like port authority, physician, authorized expert, etc.
In all such cases, further procedure will be handled according to valid processes and Terms and Conditions of the Charter Operator in question. Damages which were not reported and have no recorded minutes will be considered to have emerged due to the Charterer's negligence. In this case damages have to be paid by the Charterer.
If the boat becomes unserviceable during the charter period for any reason, no refund of any portion of the charter fee can be made, although the Charter Operator will always act in good faith to make necessary repairs as quickly as possible. In the case of minor damage, which does not hinder the progress of the boat, the Charterer may continue the charter, but must return to the hand over location in good time (min. 24 hours) so that the boat can repaired in time and handed over to subsequent Charterers.
Towing is in the capacity of Charter Operator. In any case where the towing of the boat is necessary, Charterer has to inform Charter Operator. The Charterer may accept being towed by another boat only in an extreme emergency. The Charterer must agree upon the towing and/or salvage fee with the skipper of the other boat before accepting the tow rope. This fee may not exceed the amounts fixed by International Law of the Sea.
In case of damage to or loss of the boat or its equipment, the Charterer shall bear the costs thereof; but, except in cases of gross negligence or intent, the sum must not exceed the security deposit. The loss of the dinghy and/or the outboard motor is not covered by the deposit and hull insurance. The security deposit will be refunded only after the boat has been redelivered to the port of departure in proper condition. If it is necessary to make repairs or a replacement purchase, the security deposit will temporarily be withheld and be settled only after all invoices plus any additional expenses are presented.
Discontinuation of the Trip - Redelivery of the Boat
If the trip is terminated – for compelling reasons – at another location than agreed, the Charter Operator and GotoSailing.com must be notified as soon as possible. The Charterer may leave the boat only to qualified crew Members until the Charter Operator is able to take over the boat. If the boat has been accepted at the port of return in perfect condition or handed over to the next crew with the participation of the Charter Operator, the boat shall be deemed properly redelivered.
If the chartered boat is completely inoperable, the Charter Operator is not obligated to provide a replacement boat for the remaining charter period.
After return, the Charterer and the Charter Operator shall agree on a date and time for the redelivery of the boat. Upon redelivery, an inspection will be carried out and an inventory will be performed. Proper redelivery shall be deemed effected when this has been confirmed by the Charter Operator.
It is mandatory to return to the agreed port. Failure to do so because of adverse weather conditions has no influence on this obligation. The boat must be redelivered at the agreed date and time. In the event of culpable delay, the Charter Operator is entitled to claim damages.
In connection with facilitating the charter transaction, the charge to Customer’s credit card may include a charge for taxes and fees unless indicated otherwise. In relation to Charter Operators, this charge includes an estimated amount to recover the amount GotoSailing.com pays to the Charter Operator in connection with the reservation for taxes owed by the Charter Operator including, without limitation, sales and use tax, tourist tax, city tax, port tax, marina tax, value added tax and/or other similar taxes (“Taxes and Fees” “Taxes”).
Charter Operator is solely responsible for determining their obligations to report, collect, remit or include in their Boat Listing fees any applicable taxes and fees. Tax regulations may require us to collect appropriate tax information from Charter Operator, or to withhold taxes from payouts to Charter Operators, or both. If a Charter Operator fails to provide GotoSailing.com with documentation that GotoSailing.com determines to be sufficient to alleviate GotoSailing.com’s obligation (if any) to withhold taxes from payouts, GotoSailing.com reserves the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution. Charter Operator understands that any appropriate governmental agency, department and/or authority ("Tax Authority") where the boat is located may require taxes to be collected from Charter Operators on Boat Listing fees, and to be remitted to the respective tax authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Boat Listing fees set by Charter Operators, a set amount per day, per week or other variations.
In certain jurisdictions, GotoSailing.com may decide in its sole discretion to facilitate collection and payment of taxes from or on behalf of Charterers or Charter Operators, in accordance with these Terms ("Collection and Payment") if such jurisdiction asserts GotoSailing.com or Charter Operators have any tax collection and payment obligation. In any jurisdiction in which GotoSailing.com decides to facilitate direct collection and payment, Charter Operator hereby instructs and authorizes GotoSailing.com to collect all taxes from Charterers on the Charter Operator’s behalf at the time Boat Listing fees are collected, and to remit such Taxes to the tax authority. The amount of taxes, if any, collected and remitted by GotoSailing.com will be visible to and separately stated to both Charterers and the Charter Operators on their respective transaction documents. Where GotoSailing.com is undertaking collection and payment, Charter Operators are not permitted to collect any taxes being collected by GotoSailing.com relating to their boat charters in that jurisdiction.
You agree that any claim or cause of action relating to GotoSailing.com's facilitation of collection and payment of taxes shall not extend to any Charter Operator, Supplier or vendor that may be used by GotoSailing.com in connection with facilitation of collection and payment, if any. Charterers and Charter Operators agree that we may request additional amounts from you in if the taxes collected and/or remitted are insufficient to fully discharge your obligations to the tax authority, and agree that your sole remedy for taxes collected is a refund of taxes collected by GotoSailing.com from the applicable tax authority in accordance with applicable procedures set by that tax authority.
GotoSailing.com reserves the right, with prior notice to Charter Operators, to stop the collection and payment in any jurisdiction for any reason when Charter Operators and Charterers are once again solely responsible and liable for the collection and/or payment of any and all taxes that may apply to the boats in that jurisdiction.
In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the Charter Operator. The amount paid to the Charter Operator regarding your reservation for taxes may vary from the amount GotoSailing.com estimates and includes in the charge to you. The balance of the charge for taxes and fees, if any, is a fee GotoSailing.com retains as part of the compensation for our services and to cover the costs of your reservation, including, for example, Customer service costs. If the balance is negative, GotoSailing.com will absorb such difference. The charge for taxes and fees varies based on a number of factors including, without limitation, the amount GotoSailing.com pays the Charter Operator and the location of the boat where you will be staying, and may include profit that GotoSailing.com retains.
Except as described below, GotoSailing.com is not the vendor collecting and remitting taxes to the applicable taxing authorities. Our Charter Operators and Suppliers include all applicable taxes in the amount billed and GotoSailing.com pays over such amounts directly to the Charter Operators and Suppliers. GotoSailing.com is not a co-vendor associated with the GotoSailing.com with whom we book or reserve our Customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.
For charters where you need to pay at the boat, the price may or may not include taxes and fees. Please verify the Booking Conditions and your confirmation mail or voucher or contact our Customer Service team.
Certain cities or municipalities charge city, berth, tourist occupancy or equivalent local taxes that have to be collected by the Charter Operator.
In relation to Supplier services, calculation of applicable taxes and fees will be set out based on their terms and conditions.
15. Rounding off, Currency conversion
GotoSailing.com may, in its sole discretion, round up or round down amounts that are payable from or to charterers or charter operators to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency) .
The GotoSailing.com handles bookings between charterers and charter operators who may choose to pay in a currency other than their destination currency, which may require currency conversions. Although GotoSailing.com allows members to view the price of boat listings in a number of currencies, the currencies available for charter operators to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Rates can be converted into different currencies for your convenience. Charter Operators and Suppliers rates provided in a currency other than the currency shown on the Site are converted to the shown currency at a rate stated by GotoSailing.com. The rate may include a conversion and/or processing fee for certain currencies. The amount GotoSailing.com will charge to your credit card is the currency and amount you see displayed at the latest on the final booking page. You may have the option to pay in your credit card currency if it is different from the selected currency. In case of immediate payment, you will see the converted amount that will be charged to your card. GotoSailing.com has no control over additional fees on the transaction your bank may impose. Please note that exchange rates fluctuate daily.
16. Prohibited Activities
For compliance with any and all laws, tax obligations, rules and regulations that may apply to your use of GotoSailing.com, you are solely responsible. Regarding your use of the Site, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the Site to request, make or accept a booking independent of the Site, to circumvent any service fees or for any other reason;
- use the Site or Communal Content for commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies GotoSailing.com endorsement, partnership or otherwise mislead others as to your connection with our Site;
- use the Site related with the distribution of unsolicited commercial messages ("spam");
- as a Charter Operator, offer any boat that you do not yourself own or have permission to make available through the Site;
- unless GotoSailing.com explicitly permits otherwise, book any boat if you will not actually be using the charter services yourself;
- without our prior written approval; contact another Member for any purpose other than asking a question related to your own booking, Boat Listing, or the Member's use of the Site, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites,
- request, accept or make any payment for Boat Listing fees outside of the Site. If you do so, you acknowledge and agree that you: (i) would be breaching these Terms; (ii) accepting all risks and responsibility for such payment, and (iii) holding GotoSailing.com free of any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, sexual orientation, physical or mental disability, medical condition, marital status, age, or otherwise engage in any abusive or disruptive behavior;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone;
- without GotoSailing.com's express written consent; display use, mirror or frame the Site or Communal Content, or any individual element within the Site, GotoSailing.com's name, any GotoSailing.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Site,
- dilute, tarnish or otherwise harm the GotoSailingom.com brand in any way, including through unauthorized use of Communal Content, registering and/or using GotoSailing.com or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to GotoSailing.com domains, trademarks, tag-lines, promotional campaigns or Communal Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site;
- attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Site;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by GotoSailing.com or any of GotoSailing.com's providers or any other Third Party to protect the Site;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site;
- export, re-export, import, or transfer the application, the export control laws of your jurisdiction, and any other applicable laws; or
You acknowledge that GotoSailing.com has no obligation to monitor the access to or use of the Site by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) secure, operate, and improve the Site (including without limitation for risk assessment, fraud prevention, investigation and Customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Regarding the use or abuse of the Site, with respect to any investigation undertaken by GotoSailing.com or a representative of GotoSailing.com, Members hereby agree to cooperate with and assist GotoSailing.com in good faith, and to provide GotoSailing.com with such information and take such actions as may be reasonably requested by GotoSailing.com.
Whether online or in person, if you feel that any Member you interact with is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of theft, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to GotoSailing.com by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any) .
17. Intellectual Property Rights, Claims of Copyright Infringement
Unless stated otherwise, the software employed for our services or available on or used by our Site and the intellectual property rights, including the copyrights of the contents and information of and material on our Site are owned by GotoSailing.com, its Customers, Charter Operators or Suppliers.
GotoSailing.com exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of the look and feel the Site (including infrastructure) on which the service is made available (including translated content and the Member reviews). You are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the Member reviews) or our brand, without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content including Member reviews, or would otherwise own any intellectual property rights on the Site or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to GotoSailing.com. Any illegal use or any of the actions or behavior mentioned above will constitute a material infringement of our intellectual property rights, including copyright and database right.
Claims of Copyright Infringement
If you believe in good faith that materials presented by us infringe your copyright, you or your agent (the “complainant”) may send us a written notice that provides the following information:
- the name and address of the complainant;
- if the complainant is not the copyright owner or exclusive licensee, the name and address of the copyright owner or exclusive licensee;
- if the complainant is not resident in the Netherlands, the complainant’s address for service in the Netherlands;
- a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;
- enough detail to enable us to identify the allegedly infringed copyrighted work;
- enough detail to enable us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
- a statement that the complainant requires us to remove or prevent access to the electronic copy;
- a statement that the complainant believes in good faith that the electronic copy infringes the copyright in the work identified in paragraph 5 above;
- a statement that the information in the notice is correct;
- a statement that the complainant is (a) the owner or exclusive licensee of the copyright in the work identified in paragraph 5 above, or (b) is authorized to act on behalf of such owner or exclusive licensee; and
- a statement that the complainant submits to the jurisdiction of the courts in for the purposes of proceedings under relevant provisions in the Copyright Act.
The notice must be signed by the complainant and sent to us by registered mail to the GotoSailing.com’s official address.
We will examine and address all notices that suit the requirements above in accordance with applicable law. We suggest that you consult your legal advisor before filing a notice. Also, be aware that you may be guilty of an offence or liable for damages if your claim of copyright infringement is false.
18. Term and Termination, Suspension and other Measures
Until the time you or GotoSailing.com terminate the Agreement in accordance with this provision, this Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms.
Via the "Cancel Account" feature on the Site or by sending us an email, you may terminate this Agreement at any time. If you cancel your GotoSailing.com account as a charterer/guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Boat Listing’s cancellation policy. If you cancel your GotoSailing.com account as a charter operator, any confirmed booking(s) will be automatically cancelled and your guests will receive a full refund.
Without limiting our rights stated below, GotoSailing.com may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
GotoSailing.com may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) GotoSailing.com believes in good faith that such action is reasonably necessary to protect the personal safety or property of GotoSailing.com, its members, or third parties (for example in the case of fraudulent behavior of a member).
In addition, GotoSailing.com may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or Third Party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the GotoSailing.com Account registration, Boat Listing process or thereafter, (iv) you and/or your Boat Listings or charter services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor ratings or reviews or GotoSailing.com otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) GotoSailing.com believes in good faith that such action is reasonably necessary to protect the personal safety or property of GotoSailing.com, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Boat Listings, ratings, reviews, or other Member Content;
- cancel any confirmed or pending bookings;
- limit your access to or use of the GotoSailing.com Site;
- permanently or temporarily abolish any special status associated with your GotoSailing.com Account; or
- temporarily or in case of severe or repeated offenses permanently, suspend your GotoSailing.com Account and stop providing access to the Site.
In case of non-material breaches and where appropriate, you will be given notice of any intended action by GotoSailing.com and an opportunity to resolve the issue to GotoSailing.com 's reasonable satisfaction.
If we take any of the actions described above (i) we may refund your guests in full for any and all confirmed bookings that have been cancelled, regardless of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for confirmed or pending bookings that were cancelled.
When this Agreement has been terminated, you are not entitled to a restoration of your GotoSailing.com Account or any of your Member Content. If your access to or use of the GotoSailing.com Site has been limited or your GotoSailing.com Account has been suspended or this Agreement has been terminated by us, you may not register a new GotoSailing.com Account or access and use the GotoSailing.com Site through the GotoSailing.com Account of another Member.
If you choose to use the GotoSailing.com Site or Communal Content, you do so voluntarily and at your sole risk. The GotoSailing.com Site and Communal Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the GotoSailing.com site services, laws, rules, or regulations that may be applicable to your Boat Listings and/or charter services you are receiving and that you are not relying upon any statement of law or fact made by GotoSailing.com regarding a Boat Listing.
If we choose to conduct background checks or identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that chartering a boat may carry inherent risk, and by chartering a boat, you choose to assume those risks voluntarily. For example, being on a boat may present risk of bodily injury, illness, disability, or death, and you freely and willfully assume those risks by choosing to stay on a boat. You assume full responsibility for the choices you make before, during and after your trip on a charter boat. If you are bringing a minor as an additional guest on board, you are solely responsible for the supervision of that minor throughout the duration of your charter. To the maximum extent permitted by law, you agree to release and hold GotoSailing.com free from all claims and liabilities that arise in any way from any injury, death, loss or harm that occurs to that minor during the charter in any way related to your charter.
The disclaimers above apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the GotoSailing.com Site and Communal Content, your publishing or booking of any Boat Listing via the GotoSailing.com Site, your stay at any Boat, or any other interaction you have with other Members whether in person or online remains with you. Neither GotoSailing.com nor any other party taking part in producing, creating or delivering the GotoSailing.com Site or Communal Content will be liable for any special, incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the GotoSailing.com Site or Communal Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the GotoSailing.com Site, or (iv) from your publishing or booking of a Boat Listing, including the provision or use of a Boat Listing’s charter services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not GotoSailing.com has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our duties to pay amounts to related Charter Operators pursuant to these Terms or an approved payment request under the GotoSailing.com Charter Operators Guarantee, in no event will GotoSailing.com’s aggregate liability arising out of or in connection with these Terms and your use of the GotoSailing.com Site including, but not limited to, from your booking or publishing of any Boat Listings via the GotoSailing.com Site, or from the use of or inability to use the GotoSailing.com Site or Communal Content and in connection with any interactions with any other Members, exceed the amounts you have paid or owe for bookings via the GotoSailing.com as a Charterer in the twelve (12) month period before the event giving rise to the liability, or if you are a Charter Operator, the amounts paid by GotoSailing.com to you in the twelve (12) month period before the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between GotoSailing.com and you. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect GotoSailing.com’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
If you reside in the EU, GotoSailing.com is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. GotoSailing.com is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of GotoSailing.com in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of GotoSailing.com is excluded.
You agree to release, defend (at GotoSailing.com’s option), indemnify, and hold GotoSailing.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any liabilities, claims, damages, losses, and expenses, including, without limitation, reasonable legal and Accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the GotoSailing.com Site or any GotoSailing.com services, (iii) your interaction with any Member, stay on a boat, including without limitation any injuries, losses or damages (whether direct, compensatory, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) GotoSailing.com’s Collection and Payment of Taxes, or (v) your breach of any laws, regulations or Third Party rights.
We encourage you to provide comments, suggestions and feedback to improve the GotoSailing.com Site (“Feedback“). You may share feedback by email, through the “Contact” section of our Site, or by other means of communication. Any feedback you share with us will be regarded as non-proprietary and non-confidential to you. By sharing feedback with us, you grant us a worldwide, royalty-free, non-exclusive, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
If you have complaints about our service, you can contact our Customer Service team. We try to help you in the best possible way. Please note that any complaints about the boat including policies, standards, service, facilities, food, etc. is basically a matter for the Charter Operator itself. GotoSailing.com will get in touch directly with the Charter Operator to try and find an agreeable solution that would be for the benefit of the two parties, but cannot guarantee a sufficient outcome. Complaints about other services are subject to the terms and conditions of the partner providing the service.
You can reach Customer Service by sending an email to [email protected] or by phone at +31 85 888 9898.
24. Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with the Dutch law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer based on the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Dutch courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in the Netherlands or a court with jurisdiction in your place of residence. If GotoSailing.com chooses to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Dutch courts.
25. General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between GotoSailing.com and you on the subject matter hereof, and overrule any and all prior oral or written understandings or agreements between GotoSailing.com and you in relation to the access to and use of the GotoSailing.com Site.
As a result of this Agreement or your use of the GotoSailing.com Site, no joint venture, employment, partnership, or agency relationship exists between you and GotoSailing.com.
These Terms do not and are not intended to advise any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Unless acknowledged and agreed to by us in writing, GotoSailing.com’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. Except as expressly stated in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Without GotoSailing.com's prior written consent, you may not transfer, assign or delegate this Agreement and your rights and obligations hereunder. With 30 days prior notice, GotoSailing.com may without restriction transfer, assign or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
Any notices or other communications to Members permitted or required with this Agreement, will be in writing and given by GotoSailing.com via email, GotoSailing.com Site notification, or messaging service (including SMS), unless stated otherwise. For notices made to Members residing outside of the Netherlands, the date of receipt will be deemed the date on which GotoSailing.com transmits the notice.
If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please remember that GotoSailing.com is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
You agree to indemnify and hold harmless GotoSailing.com from and against any liability, damage or loss including legal fees and expenses that GotoSailing.com incurs or suffers as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party ("Third-party"), such as a traveling companion or a family Member, you are responsible for any error in the accuracy of information provided in connection with such use. You must also inform the third-party of all applicable terms and conditions. Each Customer using the Site for or on behalf of a third-party agrees to indemnify and hold GotoSailing.com harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Member's or third-party's failure to fulfill any of its obligations as stated above.
You are bound by the local laws and regulations at all times. Things which are legal in certain countries may be illegal in others. You should examine applicable restrictions. In case a Charter Operator refuses to check a Charterer in or asks a Charterer to leave for legal or regulatory reasons, GotoSailing.com cannot be held liable.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the Netherlands.
The original English version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such a case, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms and Conditions.