(1) The yachtaway.co website and any mobile application for the website (the “Website”) YachtAway, 6 Apollonias, Athens, 14564, Greece is owned and operated by SWSTO CO., with registration number 801710661 (“YachtAway”, “we”, “us”, “our” or “our”).
(2) These terms and conditions (the “Owner\’s Terms and Conditions”), together with the Privacy Policy, govern the relationship between YachtAway and any party that accesses or uses the Website to offer or advertise any boat for hire, including yacht owners and yacht managers, (collectively, “Owners” or “you”).
(3) The Terms of Use constitute a legally binding agreement between YachtAway and the owner/operator. By using or accessing the Website or YachtAway\’s platforms or app in your capacity as an Owner, you acknowledge that you agree to and are subject to the Owner Terms of Use and our Privacy Policy. If you do not fully agree to the Owner Terms of Use, you are not authorized to access or otherwise use the App.
(4) If the Owner/Administrator is a corporation, partnership or other entity, is a person who uses this application and/or agrees to the Owner\’s terms of use, on behalf of such Owner represents that it has the authority to bind the entity to these terms of use.
(5) YachtAway does not allow anyone to subscribe to this software unless they are in a position to enter into legally binding contracts.
(6) YachtAway may revise these Terms and Conditions at any time by posting an updated version on this website/application. You should visit this page periodically to view the latest versions of these Terms of Use, because they are binding on you. For owners who violate the terms of use, access and use of the app may be suspended and their boat listings removed from the app, at YachtAway\’s discretion.
(1) This website is a space that allows owners/operators to advertise one or more yachts (each a “yacht”) for charter in a variety of pricing formats to potential charterers/renters (each a “traveller” and, collectively with an owner). We also offer electronic booking via credit/debit cards so that rental bookings can be made easily and reliably between charterers and yacht owners/managers.
(2) The Website/software/application provides a space for user interaction and YachtAway is not and does not become part of any contractual relationship between the Traveler and the Owner and does not mediate between the Traveler and the Owner in case of any dispute arising between them. This applies even if the app facilitates the booking of a boat or the use of other gear, services or products, as YachtAway is not a party to any rental agreement or other agreement between Travelers and Owners.
Owners can agree with YachtAway to register a view for a specific boat in the app (each one, an “Entry”). Owners may choose to advertise a yacht on the website/app using the pay-per-booking method.
(1) Owners may choose to register their yachts under a pay-per-booking subscription formula, which allows them to advertise each listing without any upfront payment, but in return they will be charged a commission equal to 9% (nine percent) of the rental amount paid by a traveller for each booking made through the application, as specified in the registration procedure (“the commission”), with a minimum commission of 9 (nine) euros per booking. YachtAway reserves the right to change the applicable Commission, with any changes being notified to the Owner 30 days prior to the implementation of the new Commission. The new commission rate will be deemed to be accepted if the Owner does not remove their booking by the time the new commission is applied.
(2) The calculation of the commission will exclude payment processing fees related to electronic payment and VAT charges, when applicable, and will be assessed on the amounts charged for the charter/rental.
(3) All pay-per-booking entries require electronic booking and payment. The Owner further commits to manage contact enquiries and booking payments through the YachtAway platform and tools. The use of external tools and payments not handled through the YachtAway platform is strictly prohibited.
(4) The processing of the amounts paid by the travellers, minus YachtAway\’s commission, is handled by YachtAway\’s third party provider (Stripe processes the payment every Monday and includes all charters up to the previous day Sunday provided that the fare has been paid). The Owner acknowledges and accepts that YachtAway has no involvement in the payment process and is further charged with Stripe\’s charges regarding the correct payment of the booking.At the end of each month each registered user manager receives by email a service invoice for the services provided during the current month with VAT as far as applicable under current legislation.
(5) The Owner undertakes to provide only accurate and up-to-date information in each listing (including the description, prices and cancellation policy) and will not impose on the Traveller any conditions other than those stated in the listing. Failure to comply with the obligations set out in these terms and conditions may result in the Owner being permanently banned from the Website and any of its linked sites.
(6) The owner must choose a cancellation policy from among those proposed by YachtAway. The selected cancellation policy can be changed by the owner at any time and will apply to all registrations. No commission will be charged for cancellation of bookings where the applicable policy allows for a full refund, but will be charged for any amounts withheld in accordance with the terms of the applicable policy.
(7) Owners who are registered on a pay-per-booking basis will not have their personal contact details displayed and any communication made through YachtAway.
(8) Listings published on a pay-per-booking basis will appear on the app indefinitely; however, YachtAway reserves the right to remove or refuse to publish any listing at any time at its sole discretion. The advertiser may also suspend or remove its listings at any time, through its app or by contacting customer service.
(1) Upon registration, an owner shall receive a user profile in which the data he declares is recorded and in which all the yachts offered by that owner are identified.
(2) The Owner mode of the application provides various functions intended to help owners manage their boats through the application.These functions are provided on an “as is” basis and YachtAway does not undertake to correct any registration errors.
(3) Travellers can also post their own reviews of owners\’ boats (“Traveller Reviews”) on the app. The Owner has the ability to view and respond to Traveler Reviews (“Owner Response”). Some more details about Traveler Reviews and Owner Responses are available here. Please note that YachtAway does not review and has no ability to verify the accuracy or otherwise of the Traveler Reviews. An Owner\’s sole remedy and YachtAway\’s sole obligation, in the event an Owner disputes any aspect of a Traveler\’s Review, is to allow the Owner to post an Owner Response to it.
(4) YachtAway requires all Guest Book Comments, Traveler Reviews, Owner Responses and other communications to comply with the Content Guidelines and may refuse to post any of them that YachtAway believes do not comply with the Content Guidelines. In the event that any guestbook comment, traveler review or owner response appears on the Site but does not comply with the Content Guidelines, then, without prejudice to any other remedies available, YachtAway shall have the right to immediately remove from the Site the relevant non-compliant guestbook comments, traveler reviews and owner responses.
(5) Enquiries sent through YachtAway\’s system are available for review by the traveller who originally sent them and to a limited number of YachtAway\’s customer service staff, who may be asked by travellers or others for information on previous enquiries. YachtAway also occasionally monitors messages sent using YachtAway\’s platform or systems. YachtAway may, from time to time, use third party email servers to send and monitor the receipt of emails and analyze the pattern of emails sent using third party tracking systems. YachtAway\’s system does not retain messages indefinitely and may not be accessible after the message is delivered. Owners should print a copy of any important message, such as a payment receipt or a booking confirmation.
(6) YachtAway has no responsibility or involvement in communications between the Owner and the Traveler.
(7) YachtAway has implemented the Google Translate service on the website. Owners can use this service free of charge to translate their listings. The Owner acknowledges and accepts that this is a static machine translation system which often makes mistakes. After translation, the Owner must review the translation and correct all inaccuracies in it. YachtAway is not responsible for the accuracy or otherwise of the Google Translate service. The Owner accepts that Google Translate is provided in accordance with Google\’s terms and conditions of service and the Owner should check these terms before using Google Translate.
(8) YachtAway offers the possibility of linking the listings to Google Maps. In order to do this, the Owner must be sure that the location listed for the relevant listing is correct and must separately agree to the relevant Google terms and conditions. The Owner accepts that Google Maps is provided in accordance with Google\’s terms and conditions and that YachtAway accepts no responsibility for the operation, 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 vessel is displayed by Google Maps when using this service.
(9) YachtAway also uses Google Analytics to collect statistics on the use of the website. More details can be found in the Privacy Policy and Google\’s Cookie Statement and Privacy Policy. Google may collect data collected by its various services, including Google Analytics, Google Translate, Google Maps and other Google services, including YouTube. The Owner accepts that YachtAway does not control Google\’s collection of data.
(10) If the Owner has its own website on which boats or yacht units available for hire are displayed (“Owner\’s Website”), it may not place links from each listing to its Website. If YachtAway determines that this subsection has been violated, YachtAway shall have the right to immediately remove any link or reference to an Owner\’s Website from any Listing and to notify the Owner by email that this has been done.
YachtAway cannot guarantee that your listing will appear in any particular order in the search results on a Website. Search order will fluctuate based on a number of factors, including search parameters, the level of subscription purchased, the quality of the listing, the frequency of updating a log, and other factors that YachtAway may from time to time deem important to the user experience. The appearance or order of listings in any particular search result may also vary depending on the search criteria used by the individual traveler. YachtAway reserves the right to apply various search algorithms or use methods to optimize results for specific travelers\’ experiences and the overall market.Search results and sort order may appear differently on YachtAway\’s mobile app than on the Site. To optimize the search experience for both owners and travelers, YachtAway reserves the right to perform occasional testing that will be of limited duration, but may change how search results and subscription levels are displayed.
If YachtAway finds, or if a complaint is made, that:
(i) Entries or other content associated with an Owner contain material that violates the Content Guidelines, the law, applicable regulations or the rights of any person or entity,
(ii) an Owner/Administrator has submitted inappropriate material to the website or misused it,
(iii) an owner\’s registration or chartering practices are unacceptable or unfair
(iv) the Owner/Administrator materially breaches these Terms and Conditions of Use (which include, for the avoidance of doubt, any breach of clause 11 “Owner\’s Rights and Obligations” or clause 12 “Prohibitions”) or any other obligations to YachtAway, any YachtAway affiliate or the Traveler,
(v) an Owner has insulted or offended any employee or representative of YachtAway,
(vi) the Owner uses a false identity,
(vii) YachtAway\’s systems or communication platforms have been otherwise misused by the owner/operator, then YachtAway shall have the right, in its sole discretion, to (i) suspend, (ii) downgrade or
(iii) terminate either any affected Listings or all Listings associated with such Owner/Administrator. Please note that YachtAway assumes no obligation to investigate the complaints.
(1) YachtAway may change, suspend or discontinue any aspect of the Website at any time, including the layout and availability of any features of the Website, database or content, without prior notice or liability.
(2) YachtAway shall use commercially reasonable efforts to ensure that the descriptions of the yachts on the website are as true and accurate as possible to the photographs of the yachts submitted by the owners to YachtAway. However, Owners acknowledge that discrepancies from the original photographs may occur when scanning non-digital images and due to individual monitor settings.
(3) YachtAway reserves the right to apply various algorithms or use other methods to optimize the search results in its marketplace.
(4) YachtAway may from time to time make updates to the website in order to address technological developments. As such, maintenance work is sometimes necessary, which may result in limitations to the website. YachtAway will seek, where possible, to ensure that maintenance of the site that causes such limitations is carried out at a time when most travellers\’ use is least affected.
(5) YachtAway may carry out identity checks and request evidence to establish the existence of a vessel and/or owner and ownership. If YachtAway – including information provided by travelers – suspects that the owner has provided false information, the owner acknowledges that YachtAway has the right to conduct identity checks on the owner or to obtain proof of the existence of a yacht; if requested to do so, the Owner agrees to promptly (and in any event within any time period requested by YachtAway) provide YachtAway with proof of the identity or existence of a yacht requested by YachtAway. Each Owner acknowledges that failure to comply with any such request shall constitute a breach of these Owner Terms of Use.
(6) YachtAway complies with its Privacy Policy. The Owner authorises YachtAway to forward the Owner\’s contact details, including telephone number, to travellers in connection with the booking of a boat. The Privacy Policy provides further details. YachtAway may, where necessary (including to prevent fraudulent conduct by a third party), provide the Owner\’s telephone number to a Traveller. The Owner acknowledges that he/she has read the Website Privacy Policy and Cookie Statement and consents to the processing of data as described in those policies.
(7) YachtAway reserves the right to assign these Owner\’s Terms of Use and to assign or subcontract to third parties any or all of its rights and obligations under the Owner\’s Terms of Use, but shall not do so in a manner that diminishes the warranties provided to the Owner under these Owner\’s Terms of Use.
(1) YachtAway is the sole owner of its website/application. All content appearing on this website/app, as well as the website/app itself, is protected by copyright and database rights. Reproduction of the website, in whole or in part, including copying text, graphics or designs, is prohibited.
(2) Owners are allowed to download, display or print individual pages of the Website/application to demonstrate their agreement with YachtAway. The relevant file or printout must be clearly marked with the text “Copyright © 2023 YachtAway. All copyrights reserved”.
(1) The Owner must submit accurate and truthful information about his personal identity, payment data, boats offered in the listings and other communications using YachtAway\’s systems.
(2) The Owner warrants that all information provided to YachtAway is accurate and up-to-date, including, but not limited to, all statements regarding any vessel, its amenities, location, price and availability for a specific date or date range. The Owner shall only list those vessels which it is entitled to charter to travelers and each listing shall be for a single and uniquely identified vessel.
(3) The owner has the responsibility to request legal documents and licences proving the charterer\’s ability to skipper the vessel when it is chartered without a skipper, and has the authority to hire a professional skipper if he/she realises that the passengers may not have the appropriate knowledge to skipper his/her vessel, at the expense of the passenger.
(4) The Owner undertakes to ensure that the information in the registration is kept accurate and up to date for the entire time the registration remains in effect, and:
(i) if a translation is provided, to ensure that it is carefully and accurately translated; and:
(ii) to comply with the registration guidelines when preparing the registration. The Owner shall not provide misleading information 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 logbook for each vessel is kept accurate and up to date to reflect the availability of the vessel concerned at the time of booking. In date-based searches, bookings with dates of 60 days or more will be filtered out of the results.
(6) Owners are responsible for ensuring that their entries do not violate the law or the rights of any natural or legal person. Entries must not contain false information, personal insults, anything slanderous or defamatory or anything that violates copyright or data protection legislation. The owners are also responsible for the accuracy and updating of the yacht\’s documents for any use that may be requested by the authorities (port authorities).
(7) Photographs included in an entry should depict the vessel as the main subject of the photograph and may not include children or adults unless you have their legal consent or any information that would infringe the privacy rights, intellectual property rights or any other rights of a third party.
(8) We do not tolerate spam or unsolicited commercial electronic communications of any kind. Abuse of YachtAway\’s systems, such as sending unsolicited commercial communications (spam) or disclosing users\’ personal information to third parties, is prohibited unless you have the user\’s permission. You agree that you will protect other users\’ personal information with the same degree of diligence that you protect your own confidential information (using at least a reasonable standard of care) and assume responsibility 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 boat registrations. We may also from time to time create new or otherwise change the location descriptions or geographic descriptions we use to identify vessels in their listings and search results. Accordingly, we may change the location or geographic description associated with any vessel listing. However, we assume no responsibility for verifying the content of yacht listings or the accuracy of the location. Owners are solely responsible for ensuring the accuracy of the content of the listings and the location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracies. Owners are responsible for updating the location of their vessel for boarding via the app with a simple login as an owner.
(10) If any listing violates these Terms of Registration, YachtAway reserves the right to suspend, downgrade or terminate the relevant listing or all listings associated with the Owner, in accordance with clause 10 of these Terms and Conditions of Use.
(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 shared access, for example over a network. Owners should use a password that is unique to the use of the site – they should not use the same password used for another website or email account. YachtAway will never ask owners to disclose this data. If Owners contact a third party and are asked for login information, under no circumstances should they provide this data, but should immediately inform YachtAway of the situation by email to help@yachtaway.co . If an Owner finds that their account is being used by an unauthorized third party, they should immediately report the matter to YachtAway by email to help@yachtaway.co and change their password.
(12) No registration may be transferred to another party. In the event of a sale of a vessel or a change in management of the vessel, YachtAway will provide guidance on the options for creating a new registration.
(13) The owner/manager of a (commercial) vessel is liable to the law and the authorities for all charges related to the vessel he has registered (including, where applicable, VAT) on the payments he receives.
(14) If the Owner is registered for VAT in the country of establishment in an EU Member State, he must provide YachtAway with the valid VAT number. This number must be validated by VIES http://ec.europa.eu/taxation_customs/vies. YachtAway will then apply a reverse charge mechanism to the Owner in accordance with Article 4 of Regulation (EC) No 196 of Directive 2006/112/EC on the reverse charge mechanism. In the case of Article 1 of Regulation (EC) No 196, the Owner\’s invoice will not include VAT. You may be required to account for VAT in your local Member State. The Owner shall provide the valid VAT number immediately, but 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 Greece, Greek VAT will be charged in this case.
(1) The Owner shall not directly or indirectly: With respect to the website/application, its content and the databases contained on the website, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of them, Monitor website content or communication with travelers via robots, spiders or other automated means, provided, however, that a limited exception to the above exclusion is provided for general purpose internet search engines (not including any website or search engine or other service that provides listings for yacht rental listings or yacht rental listings, or any subset thereof, or that is engaged in the business of providing yacht rental services); and Use the website/application or YachtAway\’s platform or systems for purposes other than those stated in these Terms and Conditions of Use, use the website/app or its tools and services for the purpose of booking or soliciting a rental for a boat without a valid registration on the app and bypassing it.
Reproduce any portion of the website/application on another website or in any other way, using any device, including, but not limited to, using a frame or border around the website, or any other framing technique to enclose any portion or aspect of the website, or to mirror or reproduce any portion of the website, Upload or send to the website/app any content or programs which, due to their size or nature, may cause damage to YachtAway\’s computers or networks, Include content on the website/application or on YachtAway\’s platform or systems that violates any applicable criminal or other law or encourage any such violation, Use or access the website or the YachtAway platform or systems in any way that may compromise any computer system or network, including the distribution of any virus (for which purpose, the term “virus” includes any program that is intentionally introduced into a system and performs a useless and/or destructive function, such as displaying an annoying message or systematically overwriting information on the user\’s hard drive), Publish or transmit information that is in any way false, fraudulent or misleading or engage in any act that could be considered “fishing” (whether primary, secondary or otherwise) or that could result in criminal or civil liability, Post or transmit any unlawful, threatening, abusive, defamatory, libelous, libelous, obscene, vulgar, lewd, indecent, inflammatory, sexually explicit, pornographic or profane material, Offer to a traveller inquiring through the Website a different Yacht than the one shown in the relevant listing.
(2) In the event of a breach of this clause by an Owner, YachtAway reserves the right to suspend, downgrade or terminate the relevant listing or all listings associated with the Owner in accordance with clause 11 of these Owner Terms of Use.
(1) When an Owner submits or transmits through the website/application or the platform or systems of YachtAway any content of any type, including text or images, the Owner undertakes that he/she has the right to do so and that he/she has been granted the necessary consent by the persons appearing (“model release”) or the owners of the objects appearing (“boat release”). (2) To the extent that the Owners\’ registrations and other registrations may contain trademarks, the Owners warrant that they have the right to use them, including sublicensing rights
If the Owner violates this Agreement or if a third party requests the removal of an Entry based on alleged trademark, copyright or privacy and/or personal data protection law infringement or for any other valid reason and the Owner cannot prove to YachtAway that it has the right to publish such 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 remedy.
The Owner will be solely responsible for all 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 YachtAway\’s hardware, including the destruction of the system or data or causing system failure or damage to the system. The aforementioned financial consequences include reasonable legal fees.
Users must inform the Owner of any cancellations through their accounts in accordance with each Owner\’s cancellation policy described on the Website/App, such as flexible (at least 24 hours prior to boarding), moderate (at least 10 days prior to boarding) or strict (at least 30 days prior to boarding). The cancellation only takes effect after the traveller has activated the \’cancellation\’ function and selected the reason.
The Parties agree that force majeure shall include in particular the following: – special weather reports that prevent any trip to the sea, – legislative and regulatory changes, – natural disasters, fires, storms, floods, wars and acts of terrorism, internal strikes, illnesses, power surges and electric shocks, breakdowns in cooling systems and computer equipment, blockages and slowdowns in electronic communications. networks, and, – in general, any unforeseen event beyond the control of YachtAway and the Users.
In case of circumstances that qualify as force majeure within the meaning of Article 15, any User may request (i) the postponement of the reservation to a later date or (ii) the cancellation of the reservation, after providing evidence of such circumstances in writing to YachtAway no later than 12 hours after the time and date of embarkation. In the event of cancellation due to special weather conditions preventing any sea travel, and if the reservation was for a period of one day or less, YachtAway will refund the renter, on the same day by reverse charge of the credit or debit card submitted, the full amount less the cost of the reverse charges of the payment process provider (Stripe). As a result, the owners will not receive the amounts due to them (owner\’s price).
The Owner agrees to defend, indemnify and hold harmless YachtAway and their respective officers, directors, employees and agents from and against any and all claims, actions or demands (including, without limitation, reasonable legal and accounting fees) brought by third parties against YachtAway, which are alleged or arise out of or in connection with (a) any content or material that the Owner submits or provides for inclusion on the Site/Application, (b) any use of the Site/Application by the Owner, and (c) any violation of these TOS&C by the Owner.
(1) Any messages should be sent to YachtAway using the contact form or YachtAway\’s email address info@yachtaway.co.
(2) Notices of copyright infringement must specify the following:
Your address, phone number and email, Detailed information about the relevant content (view the image or text), including a link to the website; and An official statement indicating that, It is the owner of the exclusive right to use the work, They have not authorised the use of the material in this form.
In no event shall 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 website, your use of the website and/or any transaction between users. These limitations and exclusions apply regardless of 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 do not agree with any part of these terms and conditions of use, then your sole and exclusive remedy against YachtAway is to discontinue using the Site.
These terms of use are governed by the laws of the Hellenic Republic. Jurisdiction for any claim arising out of this agreement shall be exclusively in the courts of the Hellenic Republic.
(1) If any provision of the terms of use is held invalid by any court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of the terms of use, which shall remain in full force and effect. Clause headings are for convenience of reference only and shall not affect the interpretation or construction of these terms of use. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of that term or any other term. In addition, YachtAway\’s failure to enforce any term of the Terms of Use shall not be deemed 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 Website, including the Privacy Policy, the Terms of Use constitute the entire agreement between the Owner and YachtAway with respect to the use of the Website. No change to these Terms will be made except by revised posting on this page.
(2) YachtAway recommends the Owner to save his/her own copy of these terms of use in a separate file on his/her computer or in a printed version.
Copyright © 2023 YachtAway. All rights reserved.