(1) The yachtaway.co website, and any mobile application for the website (the “Site”) is owned and operated by Yachtaway, Votsi 60, Patras, Achaia, 26221, Greece with registration number 801710661. (“YachtAway”, “we”, “us” or “our”).
(2) These terms and conditions (the “Owner Ts&Cs”) together with the Privacy Policy, govern the relationship between Yachtaway and any party which accesses or uses the Site to offer or advertise any Yacht for rent, including Yacht owners and Yacht managers, (collectively, “Owners” or “you”).
(3) The Owner Ts&Cs constitute a legally binding agreement between Yachtaway and the Owner/Manager. By using or accessing the Site or Yachtaway’s platforms or systems in the capacity of an Owner, you acknowledge that you agree to and are subject to the Owner Ts&Cs as well as our Privacy Policy. If you do not fully agree to the Owner Ts&Cs, you are not authorised to access or otherwise use the Site.
(4) If the Owner/Manager is a company, partnership or other entity, a person who uses this site, and/or agrees to the Owner Ts&Cs, on behalf of that Owner represents that he/she has the authority to bind the entity to these OwnerTs&Cs.
(5) Yachtaway does not authorize anyone to register with this site unless they are able to enter into legally binding contracts.
(6) Yachtaway may revise these Owner Ts&Cs at any time by posting an updated version to this Web page. You should visit this page periodically to view the most current Owner Ts&Cs because they are binding on you. Owners who violate the Owner Ts&Cs may have their access and use of the Site suspended and their Yacht Listings removed from the Site, at Yachtaway’s discretion.
2. The Site is a venue only
(1) This site is a venue which allows Owners/Managers to advertise one or more yacht/s (each a “Yacht”) for charter in a variety of pricing formats to potential charterers (each, a “Traveller” and, collectively with an Owner the‘users’). We may also offer online booking or other tools or services to allow Owners and Travellers to communicate with each other and to enter into rental agreements or other transactions.
(2) The Site provides a venue for users to interact, and Yachtaway is not, and does not become, party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. This is true even if the Site facilitates booking a Yacht or the use of other tools, services or products, as Yachtaway is not a party to any rental or other agreement between Travellers and Owners.
3. Yacht Listings
Owners can agree with Yachtaway to place on the Site a paid-for advertisement for a specific Yacht (each, a “Listing”). Owners can choose to advertise a Yacht on the site either by Annual Subscription or by Pay-per-Booking.
3.1 Annual Subscription
(1) To purchase an Annual Subscription Listing, the Owner must make an order by means of the Site’s online order form and pay Yachtaway the fees for the relevant Listing (“Listing Fees”). The price of an Annual Subscription is specified on the list of current rates on the Site and will vary depending on the type of subscription level chosen by the Owner. By submitting an order form the Owner warrants that all of the information have provided to Yachtaway is accurate and complies with the Owner Ts&Cs.
(2) Listings sold by Yachtaway run for the full term as selected by the Owner on the relevant order form. That term starts on the date that the Owner submits the full or initial (as applicable) payment of Listing Fees (the“Purchase Date“) and expires on the last date of the term selected by the Owner (the “Listing Term“), unless renewed as provided in sub-paragraph (6) below. For example, if the Purchase Date for an annual Listing Term is May 1st, the Listing would expire on April 30th of the following year (unless renewed as provided below).
(3) Note that all Listings paid for with a credit card will have their Listing Term automatically and continuously renewed for the same durationas the initial Listing Term (or by twelve months, if the initial Listing Term was more than twelve months) (each a “Renewed Listing Term”). Special discounts granted for the initial Listing Term are not granted for a Renewed Listing Term.The automatic extension of a Listing Term can be deactivated at any time before the end of the initial Listing Term or the current Renewed Listing Term by means of the “deactivate automatic extension“ link or by notifying Yachtaway through the contact form. To avoid doubt, any such deactivation will only take effect at the end of the initial Listing Term or Renewed Listing Term in which the deactivation occurs.
(4) Payments to Yachtaway can be made by direct debit, wire transfer, credit card payment or any other method authorised in advance by Yachtaway. The pre-notification period for any SEPA direct debit payment is shortened to 1 day. All banking and other fees relating to a payment shall be borne by the Owner.
(5) If an Owner purchases a Listing, but does not complete the creation of the Listing or the Listing does not appear on the site for any other reason, refund requests for Listing Fees will be considered by Yachtaway, but are only available if applied for by the Owner by contacting Yachtaway through the contact form during the first three (3) months following the relevant Purchase Date (the “Initial 3 Months“), and on the condition that: (i) the relevant Listing has not appeared on the site during the Initial 3 Months; and (ii) the failure of the Listing to appear on the site during the Initial 3 Months does not result from the Owner failing to take such steps as Yachtaway may require in relation to the completion of the Listing.
(6) If no such refund is applied for or granted, but the relevant Listing is completed and appears on the site after the end of the Initial 3 Months, Yachtaway may in its discretion permit the Listing Term to continue until fifteen (15) months after the Purchase Date for that Listing.
(7) Listing Fees are non refundable in the event that the Owner terminates the Agreement or wishes to remove a Listing before the end of the Term of subscription chosen initially.
(8) Yachtaway reserves the right to decline to place any Listing that appears, in Yachtaway’s discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Owner Ts&Cs.
3.3 Pay-Per-Booking Listings
(1) Owners can choose to list their Yachts under a pay-per-booking subscription type, enabling them to advertise each Listing without any upfront fee, but in exchange will be charged a commission equal to a percentage of 12% (twelve per cent) of the base rental amount paid by a Traveller on every booking sourced through the Site, as set out in the subscription process (“the Commission”). Yachtaway reserves the right to change the applicable Commission, with any changes to be notified to the Owner 30 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Owner does not remove his Listing by the time the new Commission is applied.
(2) The calculation of the Commission will not include applicable payment processing fees related to online payment, and shall not be assessed on amounts charged for taxes and any other product or service purchased by the Traveller and charged by Yachtaway, such as insurance products. It is the Owner's’ duty to accurately breakdown the different amounts charged to the Travellers. Nevertheless we strongly advise owners to set up final prices for their services avoiding misunderstandings.
(3) Online booking and payments are required for all pay-per-booking Listings. Owner further commits to manage communications enquiries and booking payments through Yachtaway’s platform and tools. Use of external tools and payments not processed through Yachtaway’s platform is strictly forbidden.
(4) Processing of the amounts paid by the Travellers, less Yachtaway’s commission, is managed by Yachtaway’s third party provider (Paypal and processed 3-4 working days after embarkation. Owner acknowledges and accepts that Yachtaway has no involvement in the payment process and shall have no responsibility with regards to the correct payment of the booking.
(5) Owner commits to provide only accurate and up to date information in each Listing (including the description, rates and cancellation policy), and shall not impose different conditions on the Traveller than those set out in the listing. Failure to comply with the obligations set forth in these terms and conditions may result in Owner’s permanent exclusion from the Site and from any of its affiliated sites.
(6) Owner shall choose a cancellation policy among the ones proposed by Yachtaway. The selected cancellation policy may be changed by the Owner at any time and shall be applicable to all Listings. No Commission shall be charged on cancellation of bookings where the applicable policy allows full refunds, but shall be charged on any amounts withheld according to the terms of the applicable policy.
(7) Conversion of a Listing from an Annual subscription model to a pay-per-booking one is only possible at the end of the subscription term for each Listing. Conversion from pay-per-booking to Annual subscription can be processed at any time.
(8) Owners listed on a pay-per-booking subscription may not have their personal contact details shown and any communication is through Yachtaway.
(9) Listing published on a pay-per-booking basis will be displayed on the Site indefinitely; however Yachtaway reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. Advertiser can also suspend or remove their Listings at any time, through their dashboard or by contacting customer service.
4. Using the service
(1) Upon registration, an Owner is given a user profile in which the data he contributes is recorded and in which all the yachts offered by that Owner are specified (the “Dashboard”).
(2) The Dashboard provide various functions which are intended to assist Owners to manage their Yachts through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and Yachtaway does not undertake that the Dashboard or its functions will be complete or error-free.
(3) In the Dashboard, the Owner can register for the “online payment” service which enables Travellers to make payments to the Owner via an online payments gateway offered by our third party payment provider, Paypal. The online payments service is subject to the terms and conditions of Paypal, and Owner accepts that Yachtaway has no control over nor any responsibility for Paypal’s services. Owner can also choose the “online booking” service which includes not only the “online payment” service (as described above), but which also provides the ability for Travellers to make online booking reservations for a Yacht.
(4) Through the Dashboard, the Owner has access to Guest Books and Traveller Reviews for the Owner’s Yachts.
(5) The Guestbook provides a facility for Owners to submit to the site comments provided by people – whether or not they have chartered the Yacht through the site – who have stayed at the Yacht (“Guestbook Comments”). Guestbook Comments must be genuine comments made by unconnected third parties who have stayed at the Yacht on a paid-for basis: we may require Owners to prove the genuineness of Guestbook Comments as a condition of including them on the site.
(6) Travellers may also post their own reviews of Owners’ Yachts (“Traveller Reviews”) on the site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Some more detail about Traveller Reviews and Owner Responses is available here. Please note that Yachtaway does not, and does not realistically have the ability to, verify the accuracy or otherwise of Traveller Reviews. The Owner’s sole remedy, and Yachtaway’s sole obligation, in the event that an Owner disputes any aspect of a Traveller Review is to permit the Owner to post an Owner Respond to it.
(7) Yachtaway requires all Guestbook Comments, Traveller Reviews, Owner Responses and other communications to conform to the Content Guidelines, and may decline to post any of them that Yachtaway finds does not do so. In the event that any Guestbook Comment, Traveller Review or Owner Response appears onthe site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, Yachtaway shall be entitled immediately to remove from the site the relevant non-conforming Guestbook Comments, Traveller Reviews and Owner Responses.
(8) Enquiries sent using the Yachtaway system are available for review by the Traveller who originally sent it and to a limited number of Yachtaway Group customer service employees, who may be asked by Travellers or others for their past enquiry information. Yachtaway Group also monitors messages from time to time which are sent using Yachtaway platform or systems. Yachtaway may, from time to time, use third party email servers to send and track receipt of emails, and analyse the pattern of emails sent using third party tracking systems. Yachtaway’s system does not hold messages indefinitely and they may not be accessible after the message has been delivered.
Owners should print a copy of any message which is important – for example a payment receipt or a booking confirmation.
(9) Yachtaway has no responsibility for, or involvement in, the communications between the Owner and Traveller.
5. Listing Details and Services
(1) Yachtaway offers 4 types of subscriptions (Basic, Bronze, Silver and Gold) depending on the desired level of visibility. The different types of subscriptions, their rates and the benefits they offer can be found on the subscription overview page.
(2) In a standard Listing, one (1) Yacht rental is displayed.
(3) In a standard Listing, up to twentyfive (25) photos of a Yacht may be displayed. A cut-down version of the Listing is shown on the site as a search snippet, in the form of a preview with a picture of the Yacht, linked to the full-page Listing.
(4) Yacht search snippets are searched and displayed based on Yachtaway’s sort algorithm.
(5) Yachtaway has implemented the Google Translate service on the site. Owners can use this service free of charge to have their Listings translated. The Owner acknowledges and accepts that this is a static machine translation system which frequently makes mistakes. After translation, the Owner must review the translation, and correct all inaccuracies in it. Yachtaway does not have any responsibility for the accuracy or otherwise of the Google Translate service. The Owner accepts that Google Translate is provided under Google’s terms and conditions of service and the Owner should review those terms before using Google Translate.
(6) Yachtaway offers the possibility to link Listings to Google Maps. In order to do so, the Owner must confirm that the location indicated for the relevant Listing is correct on the Owner’s dashboard, and must separately agree to Google’s relevant terms and conditions. The Owner accepts that Google Maps is provided under Google’s terms and conditions and Yachtaway will not be responsible for the functioning, accuracy or otherwise of Google Maps. The Owner acknowledges and accepts that the Google Maps’ service is not error free and the Owner will ensure that the correct location of the Yacht is shown by Google Maps when using this service.
(7) Yachtaway also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and Cookie Notice and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. Owner accepts that Yachtaway Group has no control over Google’s data collection.
(8) If the Owner has its own website upon which Yachts or Yacht units available for rental appear (an “Owner Website”), the Owner may not place links from each Listing to the Owner Website. If Yachtaway finds that this sub-Clause have been breached, Yachtaway will be entitled to remove any link or reference to an Owner Website from each Listing immediately, and notify the Owner by email that this has been done.
6. Appearance in Search Results
Yachtaway cannot guarantee that your listing will appear in any specific order in search results on a Site. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, and other factors that Yachtaway may deem important to the user experience from time to time. Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular traveller. Yachtaway reserves the right to apply various search algorithms or to use methods to optimize results for particular travellers’ experiences and the overall marketplace. Listings placed on a non-subscription basis, such as pay-per-booking, may not always appear in search results in any particular subscription level or at all.Listings distributed on third party sites are not guaranteed to display on such third party site in any particular order or at all. Search results and sort order may appear different on Yachtaway’s mobile application than they appear onthe Site. To optimize the search experience for both owners and travellers, Yachtaway retains the right to run occasional tests that will be limited in duration but may alter how we display search results and subscription levels.
7. Termination
If Yachtaway determines, or an allegation is made, that:
Listings or other content associated with an Owner contain any material that infringes the Content Guidelines, the law, applicable regulationsor the rights of any person or entity;
an Owner has submitted unsuitable material to, or misused, the site;
an Owner’s listing or charter practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Yacht for multiple travellers on the same date, or engages in any practice that wouldbe considered unfair or improper within the holiday rental industry);
the Owner is in material breach of these Owner Ts&Cs (which shall include, for the avoidance of doubt, any breach of clause 11 ‘Rights and obligations of the Owner’ or clause 12 ‘Prohibitions’) any other obligationsowed to Yachtaway, any Yachtaway Affiliate or Traveller;
an Owner has been abusive or offensive to any employee or representative of Yachtaway;
an Owner uses a false identity;
Yachtaway’s systems or communications platforms have been otherwise misused; or
then Yachtaway shall be entitled to, at its sole discretion, (i)suspend, (ii) down-tier, or (iii) terminate either (a) any affected Listings, or(b) all Listings associated with that Owner (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings) immediately andwithout refund of Listing Fees or any other fees or charges paid by the Owner.
Note that Yachtaway assumes no duty to investigate complaints.
8. Rights and obligations of Yachtaway
(1) Yachtaway may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.
(2) Yachtaway shall use commercially reasonable efforts to ensure that Yacht descriptions on the site are as true and accurate a representation as practicable of the photographs of their Yachts that Owners have submitted to Yachtaway. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
(3) Yachtaway reserves the right to apply various algorithms or use other methods to optimize search results for its marketplace.
(4) Yachtaway may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. Yachtaway will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Travellers’ usage is least affected.
(5) Yachtaway may conduct identity checks and ask for proof to establish the existence of a Yacht and/or an Owner and ownership. If Yachtaway –including as a result of information provided by Travellers - suspects that the Owner has supplied false information, the Owner acknowledges that Yachtaway is entitled to carry out identity checks on the Owner or to prove the existence of a Yacht; if requested to do so, the Owner agrees promptly (and in any event within any period requested by Yachtaway) to supply to Yachtaway such proof of identity or of a Yacht’s existence as Yachtaway requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these Owner Ts&Cs.
(6) Yachtaway complies with its Privacy Policy. The Owner authorizes Yachtaway to forward the Owner’s contact details, including telephone number, to Travellers in connection with a Yacht booking. The Privacy Policy provides further details. Yachtaway may where necessary (including to prevent fraudulent behaviour of a third party) give an Owner's phone number to a Traveller. The Owner accepts that it has read the site’s Privacy Policy and Cookie Notice and consents to the processing of data as outlined in those policies.
(7) Yachtaway reserves the right to transfer these Owner Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Owner Ts&Cs, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under these Owner Ts&Cs.
9. Intellectual
(1) Yachtaway is the sole owner of its site. All content that appears on this site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
(1) The Owner shall submit accurate and truthful particulars about his/her personal identity, payment data, Yacht/s offered in Listings and other communications using Yachtaway systems.
(2) The Owner warrants that all of the information provided to Yachtaway is accurate and up-to-date, including, but not limited to any and all representations about any Yacht, its amenities, location, price, and its availability for a specific date or range of dates. The Owner will only list Yachts which the Owner is entitled to charter to Travellers, and each Listing must relate to an individual and uniquely identified Yacht.
(3) The owner has the responsibility to ask for legal documents and licences that proves the charterer's competence of skippering the yacht when it is bareboat chartered, and he has the authority to hire a professional skipper if he understands that the travellers may have not the adequate knowledge to skipper his yacht, at the travellers charge.
(4) The Owner undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the Site, and: (i) if a translation is provided to ensure that it is carefully and correctly translated, and: (ii) to comply with the listing guidelines when drawing up the Listing. The Owner shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
(5) The Owner undertakes to ensure that the calendar for each Listing is keep accurate and up-to-date to reflect the availability of the relevant Yacht as it is booked. On date-based searches, listings having calendars which are 60 days or more out of date will be filtered out of results.
(6) Owners are responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law. Also owners are responsible for the accuracy and up to date of the yacht's documents for any use may be asked by the authorities (port authorities).
(7) Photographs included in a Listing should depict the Yacht as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual Yacht rights or any other rights of a third party.
(8) We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Yachtaway’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the permission from the user. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume a llliability for the misuse, loss, or unauthorized transfer of such information.
(9) We may from time to time provide or facilitate services to Owners to create or improve the quality of their Yacht listings. We also may from time to time create new, or otherwise change, the location or geographic descriptions we use to identify Yachts in their listings and search results. Consequently, we may change the location or geographic description associated with any Yacht listing. However, we assume no responsibility to verify Yacht listing content or the accuracy of the location. Owners are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy. Owners are responsible to update the place that their yacht islocated for check in, through their dashboard.
(10) If any Listing is in breach of these Listings Terms, Yachtaway reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 8 of these Owner Ts&Cs.
(11) Owners are required to keep their account login details secret and not to pass them on to third parties or use them to provide sharedaccess for example over a network. Owners should use a password which is uniqueto their use the Site – they must not use the same password as is used for another site or email account. Yachtaway will never ask Owners to disclose this data. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify Yachtaway of the situation by email to Yachtaway Help. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to Yachtaway by email to Yachtaway Help and change their password.
(12) No listing may be transferred to another party. In the event of a Yacht sale or change in Yacht management, Yachtaway will provide guidanceon options for creating a new listing.
(13) The Owner shall be responsible for all charges relating to the Yacht and the Listings, and shall account to the relevant authorities for all applicable taxes (including, where relevant, VAT) on the payments they receive.
(14) If the Owner is VAT registered in the country which is based in an EU member state, it must provide Yachtaway with the valid VAT number. This number has to be validated by VIES http://ec.europa.eu/taxation_customs/vies. Yachtaway will then apply reverse charge mechanism to the Owner, under Art. 196 of Directive 2006/112/EC relating to the reverse charge mechanism. Where Art. 196 applies the Owner’s invoice will not include any VAT. You may be required to account for VAT in your local Member State. Owner shall provide the valid VAT number immediately, however no later than thirty (30) days after registration.If the VAT number is provided after thirty (30) days, Yachtaway will not refund any VAT amount. The reverse charge mechanism does not apply when the Owner is based in UK, UK VAT will be charged in that case.
11. Prohibitions
(1) The Owner shall not directly or indirectly:
With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessibleor decompile any of the same;
Monitor content on the site or communications with Travellers by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or Yacht rental adverts, or any subset of the same or which is in the business of providing Yacht rental services or other services that compete with the site or Yachtaway) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Yachtaway’s robots.txt file;
Use the site or Yachtaway’s platform or systems for purposes other than those referred to in these Owner Ts&Cs;
Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a Yacht other than a Yacht under a valid Listing;
reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
Upload or send to the site any content or programs, which on account of their size or nature, might damage Yachtaway’s computers or networks;
Include content on the site or Yachtaway’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
Use or access the site or Yachtaway’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Substitute a Yacht in a Listing for another Yacht without the prior consent of Yachtaway. Prohibited substitution activities include:
multi-unit listing: use of one Listing to promote more than one Yacht available
Substitution: changing the Yacht which is displayed in a Listing as that Yacht becomes booked; and
Leeching: offering a Traveller who enquires through the Site a different Yacht than the one which is displayed in the relevant Listing.
(2) In the event of any breach of this clause by an Owner, Yachtaway reserves the right to suspend, down-tier or terminate the relevantListing or all Listings associated with the Owner in accordance with clause 8 of these Owner Ts&Cs.
12. Proprietary rights to content
(1) Where an Owner submits to or transmits through the site or Yachtaway’s platform or systems any content of any type, including text or images, the Owner undertakes that has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or Owners of featured items (’Yacht release’).
(2) To the extent that Owners’ Listings and other submissions may contain trademarks, Owners warrant that they have the right to use them, including sublicensing rights.
13. Right of blocking, suspension or withdrawal of listings
If the Owner is in breach of this Agreement, or is late in paying the subscription fee or any other charges, or if a third party requests the removal of a Listing on the basis of an alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and / or personal data, or for any other valid reason and that the Owner cannot prove to Yachtaway that has the right to publish this content (including images and /or photographs), Yachtaway has the right to block or delete, temporarily or permanently, without any notice to the Owner and without prejudice to any other legal measure.
14. Responsibility of owner
The Owner will be held solely and exclusively responsible for all the financial consequences resulting from damage to Yachtaway due to content or any program transmitted or sent by the Owner that results in any damage to the hardware of Yachtaway, including damaging the system or data or by causing the failure of such system or faults there in. The financial consequences mentioned above include reasonable legal fees.
15. Indemnification
Owner agrees to defend, indemnify and hold harmless Yachtaway and, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against Yachtaway alleging or arising out of or in connection from (a) any content or material the Owner submits or provides for inclusion on the Site; (b) any use by the Owner of the Site; and (c) any breach of these Owner Ts&Cs on the part of the Owner.
16. Contacting us
(1) Any messages should be sent to Yachtaway using the contact form or Yachtaway’s platform or by post to Yachtaway’s address: Yachtaway., Votsi 60, Patras, Achaia, 26221, Greece
(2) Notices regarding infringements of copyright must specify the following:
Your address, telephone number and email;
Detailed information about the content concerned (display of the image or text), including a link to the site; and
A formal declaration showing that you;
Are the holder of the exclusive user right to the work;
Have not authorised the use of the relevant material in this form.
17. Yachtaway's limited liability
In no event will Yachtaway be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or Yachtaway’s platform or systems, or you do not agree with any part of these Owner Ts & Cs, then your sole and exclusive remedy against Yachtaway is to discontinue using the site. In all events, our liability, to you or any third party in any circumstance arising out of or in connection with the site is limited to the amount of fees you pay to us in the six months prior to the action giving rise to liability. Nothing in these Owner Ts & Cs shall exclude or restrict Yachtaway's liability for death or personal injury resulting from its negligence; nor for Yachtaway's fraud or fraudulent misrepresentation.
18. Applicable law
These Owner Ts&Cs are governed by the laws of United Kingdom. Jurisdiction for any claims arising under this agreement shall lie exclusively with the UK & Wales courts.
19. General
(1) If any provision of the Owner Ts&Cs are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Owner Ts&Cs, which shall remain in full force and effect. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Owner Ts&Cs. No waiver of any term of the Owner Ts&Cs shall be deemed a further or continuing waiver of such term or any other term. In addition, Yachtaway’s failure to enforce any term of the Owner Ts&Cs shall not be deemedas a waiver of such term or otherwise affect Yachtaway’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the Site including the Privacy Policy, the Owner Ts&Cs constitute the entire agreement between Owner and Yachtaway with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.
(2) Yachtaway recommends that the Owner saves his/her own copy of these Owner Ts&Cs in a separate file on its PC or in print-out form. Cookies Press Advertise with Us Affiliate Programme Media Sales Site Map Travellers Careers Contact Us Legal Info About Us Marketing Tools Yachting Ideas
