Terms and conditions of use

This part of Terms and Conditions of Use is for users which country of residence is outside of the European Economic Area.

Please read these Terms of Use ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the sail.me services (website and/or mobile app), you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement ("Agreement") between you and sail.me (as defined below) governing your access to and use of the sail.me website, including any subdomains thereof, and any other websites through which sail.me makes its services available (collectively, "Website"), our mobile, tablet and any other smart device apps, and app program interfaces (collectively, "App") and all associated services (collectively, "sail.me Services"). The Website, App, and sail.me Services together are hereinafter collectively referred to as the "sail.me Platform". If you do not agree to all of the following, you may not use or access the service in any manner.

When these Terms mention "sail.me", "we," "us," or "our," it refers to the SUERA LLC company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment. SUERA LLC, 300 Delaware ave STE 210-A, New Castle 19801, DE.

Table of Contents

  • Definitions
  • Range of sail.me Services
  • Modification
  • User Verification and Eligibility
  • User registration
  • Listings
  • Booking
  • Cancellation of booking
  • Service Fees
  • Taxes
  • Privacy and Personal Data
  • Security Deposit
  • Obligation of Parties
  • Payments
  • Ratings and Reviews
  • Content
  • Feedback

Definitions

1.1 "User ": means any user of the Website and on the App, whether a Boat Owner or a Renter.

1.2 "Listing": means any Boat offered for Booking by an Owner on the Website and/or on the App.

1.3 "Boat": means any watercraft offered for Booking on the Website and/or the App (such as and including sailboats, motorboats, houseboats, catamarans, jet skis, etc.)

1.4 "Boat Owner": means a person or company that is an owner of watercraft. The Boat Owner can prove full ownership of a Boat on request by sail.me and/or a Renter. It also refers to the authorized representative of an Owner, who must be able to justify the existence and extent of the authorization received.

1.5 "Boat Agency": means a company that provides a service for Boat Owners, by posting their boats for rent.

1.6 "Renter": means any natural or legal person Booking a Boat.

1.7 "Booking": means an Owner renting out a Boat, docked or at sea, to a Renter.

1.8 "Service Fee": means both the Renter Service Fee and the Owner Service Fee.

1.8.1 "Renter Service Fee": means a fee, including taxes added to the Booking Price as a percent of it and payable by the Renter as remuneration for the Service.

1.8.2 "Owner Service Fee": means a fee, including taxes, deducted from the Booking Price at the time of disbursement as remuneration for the Service.

1.9 "Content": means any text, graphics, image, video, information or other materials which the User posts, uploads, publishes, submits, conveys or includes in his/her Listing or User account to make it available on the Platform.

1.10 "Add-ons": means any side-services, not included in the initial price which may be chosen by the Renter in addition to the Booking Price (bedding costs, cleaning, activities, etc.).

1.11 "Booking Price": means the price published as part of the Listing, including the Boat price and Required and Optional Add-ons if present. The Booking Price does not include sail.me's Service fee, costs for mooring the Boat in harbors/marinas and/or the fuel price, unless otherwise specified in the Boat Listing.

1.12 "Service": means both the service of connecting Boat Owners and Renters on the Platform, for the process of Booking a Boat either docked or at sea and the Payment Processing Service.

1.13 "Website": refers to the website sailme.com

1.14 "App": refers to the "sail.me" mobile app, available for iOS and Android devices.

1.15 "Weather cancellation": means a Booking Cancellation of one day or less due to bad weather conditions, leading to the inability to perform the Booking safely.

1.16 "Cancellation"; means a Booking Cancellation from Renter or Boat Owner, according to the "Cancellation Policy".

Range of sail.me Services

2.1 The sail.me Platform is an online peer to peer boat booking marketplace connecting Boat owners with Renters.

2.2 As the provider of the sail.me Platform, sail.me does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Rent Services, nor is sail.me an organizer or retailer of travel packages under Directive (EU) 2015/2302. Boat owners alone are responsible for their Listings and Booking Services. When Users make, or accept a booking, they are entering into a contract directly with each other. sail.me is not and does not become a party to or other participants in any contractual relationship between Users, nor is sail.me a watercraft broker or insurer. sail.me is not acting as an agent in any capacity for any Users, except as specified in the Payments Terms.

2.3 All Users without registration can view listings, but in order to request to book a Boat, they must create sail.me account and become Registered Users.

2.4 Please note that, as stated above, the service is intended to be used to facilitate boat bookings. sail.me cannot and does not control the content contained in any listings and the condition, legality or suitability of any boats. sail.me is not responsible for and disclaims any liability related to any listings and boats, accordingly, any bookings will be made at the renter's, owner's and captain's own risk, whether or not affiliates are involved.

2.5 Due to the nature of the Internet, sail.me cannot guarantee the continuous and uninterrupted availability and accessibility of the sail.me Service. We may restrict the accessibility of the Platform or certain areas or features thereof. If this is necessary for the view of capacity, security or integrity constraints on our servers, or perform maintenance measures that guarantee the proper or improved performance of our platform.

Modification

sail.me reserves the right to modify these Terms of Use, including the Service fees, at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the sail.me Platform and update the "Last Updated" date at the top of these Terms. We will post the modification or provide to Users with notice of the modifications. After that, by continuing to access or use the Service, Users are indicating that they agree to be bound by the modified Terms. If the modified Terms are not acceptable to our members, their only recourse is to cease using the Service.

User Verification and Eligibility

4.1 In order to access, use or register an account on the sail.me Platform, you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

4.2 Verification of Users on the Internet is difficult, and we do not assume any responsibility for the confirmation of any Registered User's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we demand from Registered User to verify their e-mail and phone number and we may, but have no obligation to ask Registered Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, to screen Members against third party databases or other sources and request reports from service providers, and where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

4.3 sail.me may make access to and use of the sail.me Platform, or certain areas or features of the sail.me Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User's booking and cancellation history.

4.4 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 sail.me Platform 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.

User registration

5.1 In order to access and use certain features of the Platform, such as Booking or Listing a Boat, users must register on the sail.me Platform and become a Registered User. The registration process is by using an e-mail address and password or through their account in third-party social network services, such as Facebook, Google, Twitter or Instagram (Third Party Account - TPA). Users have the ability to disable the connection between their sail.me Account and their Third-Party Accounts, at any time, by accessing the "Settings" section of the sail.me Website.

5.2 Please note that if a Third-Party Account or associated service becomes unavailable or the third-party service provider terminates Member's access to such Third-Party Account, then TPA Content will no longer be available on and through the Website, Service and Application.

5.3 All registered users are responsible for maintaining the confidentiality and security of their sail.me Account credentials and may not disclose their credentials to a third party. You must immediately notify sail.me if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your sail.me Account.

5.4 Registration in sail.me Platform can also be made in the process of booking a boat.

5.5 Users can not register more than one account on the sail.me Platform.

Listings

6.1 Every Registered User can create a listing of a boat from the “Add Boat” page. For authenticity, before publishing your listing, you must fill out a variety of information about the boat, including, but not limited to, location, length, features, pricing, rules, availability, insurance, etc. You acknowledge and agree that boat listings will be made publicly available on the Platform. Other users will be able to book your boat based upon information provided in your listing.

6.2 You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you warrant that all boat listings you post, the reservations and/or their use by a Renter will not violate any agreements you have entered into with third parties and will be in accordance with all applicable laws, rules and regulations that may apply to the boat included in the listing you post, including but not limited to: insurance requirements, coastguard regulations, zoning laws, marina provisions and booking and operating laws of boats.

6.3 Please note that sail.me assumes no responsibility for a Boat Owner's compliance with any applicable laws, rules, and regulations. sail.me reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that sail.me, in its sole discretion, considers being objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform. You understand and agree that sail.me does not act as an insurer or as a contracting agent for you as an Owner.

6.4 You understand and agree that sail.me does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Boat and rents your Boat, any agreement you enter into with such Renter is between you and the Renter and sail.me is not a party to it. Notwithstanding the preceding, sail.me serves as the limited authorized agent of the Owner to accept payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.

Booking

7.1 When a booking to rent a Boat, listed on the Platform is requested, the Boat Owner must accept or reject the request within 48 hours. After that period booking requests will be rejected automatically. In the booking request details, sail.me will provide a link to the User’s account so that the Boat Owner can view information before accepting or rejecting the request.

7.2 Boat Owners can choose to use the "Instant booking" option when adding a Boat listing, meaning that all booking requests for that boat will be automatically accepted by the Platform, without the need of acceptance by the Boat Owner.

7.3 When a booking is made, sail.me records all information for the listing and that booking. If the Boat Owner changes the boat listing after the booking was accepted, he must provide the same boat features and options that are recorded at booking time.

Cancellation of booking

8.1 Cancellation by Renter is possible at any time from booking request to the day of Booking, according to the Cancellation Policy.

8.2 Cancellation by Boat Owner is possible only by request to sail.me Administrator. It is possible only in case of personal circumstances and force majeure, according to the Cancellation Policy. sail.me will endeavor to offer the Renter an equivalent Boat for the same period and location.

8.3 In case the cancellation request by the Boat Owner is caused by the Renter's clearly inadequate condition to operate the boat, discovered by the Owner on the day of the Booking (excluding cases of inability to justify certification or qualifications by the Renter), this cancellation will also be considered as justified. The Renter will receive a full refund by bank transfer of the Booking Price without the sail.me Renter Service fee within fifteen (15) days. The Boat Owner will therefore not receive the Owner Price, less the sail.me Owner Service Fee.

8.4 If the Boat does not correspond to the Listing, the Renter must notify sail.me, before the Booking start, and also present evidence to prove this. The Renter must decide whether or not to cancel the Booking. In the case that the Renter decides to continue with the Booking, the Renter will not be able to request a refund of the Booking Price, for any reason whatsoever concerning this booking. In case the Renter decides to cancel the Booking, sail.me agrees, without this allowing the Renter to hold sail.me liable in any way, to refund the Booking Price to the Renter by bank transfer, within fifteen (15) days of cancellation.

8.5 In case the Boat is the subject of a major fault (breakdown) during the Booking, resulting in an inability to use the Boat for its principal purpose, the Renter will be able to ask for cancelation. The Renter must decide whether or not wishes to cancel the Booking. In the case that the Renter decides to continue with the Booking, he/she will in no case be able to request a refund of the Booking Price, for any reason whatsoever concerning this booking. In the case that the Renter decides to cancel the Booking, sail.me agrees to refund the Booking Price to the Renter by bank transfer, within fifteen (15) days of cancellation minus the Renter service fee.

8.6 In case that a Boat Owner has more than two improper or unjustified cancellation, sail.me reserves the right to remove the Boat Owner account from the Platform.

8.7 All refunds will be made within a commercially reasonable time.

Service Fees

9.1 In order to provide the Service, sail.me collects Service fee from Boat Owners and Renters ("Service Fees”).

9.1.1 The Service fee is calculated as a percent, equal to 20% of the Booking Price.

9.1.2 The Service fees are flexible for both sides, but the Boat owner sets it upon creating the Boat listing. He/she determines what percentage of the Service fee is paid by him/her and what percentage is paid by the Renter.

9.2 More information on Services Fees can be found in the FAQ section of the website. Except as otherwise provided herein, Service Fees are non-refundable.

Taxes

10.1 sail.me cannot and does not offer Tax-related advice to any Members of the Website, Application, and Service. Additionally, please note that each Boat Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

10.2 As a Boat Owner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

10.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Boats is located may require Taxes to be collected from Renters and to be remitted to the respective Tax Authority.

Privacy and Personal Data

11.1 We care about the privacy of our Users. Our Privacy Policy outlines how we use and safeguard your information. All personal data is encrypted on the sail.me servers.

11.2 sail.me collects some personal data under applicable law and the information stipulated in its Privacy Policy. You agree to this processing of personal data and acknowledge it by using the Website or the App and following your registration as a member.

Security Deposit

12.1 Boat owners can include a "Security Deposit" in every Boat Listing. It will cover any incidental damage that may occur during the trip. The Owner can choose the refundable security deposit to be paid in cash or/and by credit card at base at the beginning of every booking and after the booking is completed and no claims were reported, he/she will have to return the security deposit to the Renter.

12.2 sail.me will also use its commercially reasonable efforts to address Owners' and Renters' requests and claims related to "Security Deposits", but sail.me is not responsible for administering, accepting or refunding the security deposit, and disclaims any liability in this regard.

Obligation of Parties

13.1 Obligation of User: All Users understand and agree that they are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to their use of the Service and Content and will use the Website and the Service under these Terms of Use. User agrees to provide real, lawful, objective information while respecting the laws in force (regarding defamation, incitement to hatred, racism, etc.), to act in good faith when using the Service and the Website. Regularly to update his/her information by logging into the User account. Not to give User account to a third party or another User, and to keep login details for the User account confidential.

3.2 Boat Owner obligations: Boat Owner agrees to be able to prove ownership of the Boat at any time. The Boat must be registered or declared and must have a certificate for the rental purposes under the laws and regulations if required from the competent Authorities in the jurisdiction. The Boat Owner agrees to offer only Boats which are well equipped and maintained, up-to-date safety equipped and technically tested, according to the boat’s category, undergoing regular maintenance. The boat must have a valid insurance for the whole duration of the Booking, and to be able to present the insurance certificate when requested by sail.me and/or the Renter. Before the start of the Booking, the Boat Owner must verify the identity of the Renter by his/her ID card, the credit or debit card used by the Renter for the Booking payment, and if applicable - the Renter’s Captain license / Nautical CV, required for captaining the Boat. The Boat Owner must inform the Renter before the Booking for any limitation of liability on the part of the insurer. The Boat Owner must provide the Renter, upon request, with an invoice for the Booking Price, paid by the Renter. The Boat Owner also agrees not to divert and/or solicit Users of the Service to conclude Booking agreements directly with them, outside of the Platform.

13.3 Renter obligations: The Renter agrees to be the named holder of the credit or debit card used for the Booking Payment, to retain the "Security deposit" amount in his/her bank account, if required, until 24 hours after the end date of the Booking. He/she should bring the Captain license / Nautical CV required for captaining the Boat, and behave responsibly for the duration of the Booking. At the start of the Booking and upon signing the Booking contract, he/she should check the state of the Boat, the validity of any technical testing, the onboard presence of an up-to-date security equipment according to the boat’s category. He/she should notify sail.me immediately, if any dispute/disagreement, related to the Listing and/or the Boat. He/she should make notes of the Special Audit Logbook, if required, and to settle any fine for which he/she is responsible during the Booking, upon request by the Owner. The Renter understands that sail.me is released from any obligation to provide advice and that he/she will not be able to hold sail.me liable as such.

13.4 sail.me obligations: sail.me agrees to do its utmost to ensure the smooth operation of the Website in accordance with these Terms of Use. To pay the amount due to the Owner by means of a transfer to the Owner's bank account. sail.me allows Users to download from their User Accounts invoices for sail.me Fees.

Payments

14.1 Each Boat Owner hereby appoints sail.me as the Owner's limited agent solely for the purpose of collecting payments made by Renters on behalf of the Boat Owner.

14.2 Each Boat Owner agrees that payment of Booking fees made by a Renter to sail.me shall be considered the same as a payment made directly to the Boat Owner, and the Boat Owner will make the Boat available to the Renter in the agreed time upon manner as if the Boat Owner has received the Booking Fees.

14.3 Each Boat Owner agrees that sail.me may, under the Cancellation Policy undersigned by the Owner and reflected in the relevant Listing: - permit the Renter to cancel the booking - refund the Renter that portion of the Booking Fees specified in the applicable Cancellation Policy.

14.4 All payments made by the Renters for each booking, are in advance, by credit or debit card on the sail.me Platform via the Authorized Payment provider, after acceptance of the Booking Request by the Boat Owner. Exceptionally and subject to the express consent of sail.me, the User may pay by bank transfer.

14.5 All Payments of the Booking Price by the Renter is made in a single payment by default. Exceptionally, the Boat Owner can add an option for Installments in Boat listing and define two installments with percent amounts and time for payment.

14.6 In case of payment by installments, The Renter, must have enough funds in his/her bank account due on the day of the installment, in case there are not enough funds for completing the payment of an installment, sail.me will notify the Renter and will cancel the Booking after 3 (three) days. Refunds to the Renter will be made under the Cancelation Policy.

14.7 sail.me will issue an invoice to the Renter for the Renter Service Fee amount and to the Boat Owner for the Boat Owner Service Fee amount, which will be downloadable directly from the User Account.

Ratings and Reviews

15.1 Within a certain timeframe after completing a Booking, Renters and Boat owners can leave a public review ("Review") and submit a star rating ("Rating") about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of sail.me. Ratings and Reviews are not verified by sail.me for accuracy and may be incorrect or misleading.

15.2 Ratings and Reviews by Renters and Boat Owners must be accurate and may not contain any offensive or defamatory language.

15.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.

15.4 Ratings and Reviews are part of a User's public profile and may also be surfaced elsewhere on the sail.me Platform (such as the Listing page) together with other relevant information such as a number of bookings, number of cancellations, average response time and other information.

Content

16.1 sail.me may, at its sole discretion, enable Users to: - Create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the sail.me Platform ("User Content"); - Access and view User Content and any content that sail.me itself makes available on or through the sail.me Platform, including proprietary sail.me content and any content licensed or authorized for use by or through sail.me from a third party ("sail.me Content" and together with User Content, "Collective Content").

16.2 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the sail.me Platform, you grant to sail.me a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the sail.me Platform, in any media or platform. Insofar as User Content (including Verified Images) includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws under our Privacy Policy. Unless you provide specific consent, sail.me does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

16.3 You are solely responsible for all User Content that you make available on or through the sail.me Platform. Accordingly, you represent and warrant that: - you either are the sole and exclusive owner of all User Content that you make available on or through the sail.me Platform, or you have all rights, licenses, consents, and releases that are necessary to grant to sail.me the rights in and to such User Content, as contemplated under these Terms; - neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or sail.me’s use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, 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.

16.4 You may not, and you agree that will not post, upload, publish, submit or transmit any User 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; - violates sail.me's Content Policy or any other sail.me policy. sail.me may, without prior notice, remove or disable access to any Member Content that sail.me finds to be in violation of applicable law, these Terms or sail.me's then-current Policies or Standards, or otherwise may be harmful or objectionable to sail.me, its Users, third parties, or property.

16.5 You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Service and Content. In connection with your use of our Services, you may not, and you agree that you will not: - violate any local, state, provincial, national, maritime or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law, and Tax regulations; - use the Service for any commercial or other purposes that are not expressly permitted by these Terms; - interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; - use manual or automated software, devices, scripts, robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Service or Content; - use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; - "stalk" or harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Renter or Boat Owner; - use our Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements.

16.6 Subject to your compliance with these Terms, sail.me grants you a limited, non-exclusive, non-transferable license, to (i) access and view any sail.me Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by sail.me or its licensors, except for the licenses and rights expressly granted in these Terms.

16.7 sail.me respects copyright law and expects its Users to do the same. If you believe that any content on the sail.me Platform infringes copyrights you own, please notify us.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the sail.me Platform ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the sail.me Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Terms and Conditions of Use for European Users

Please read these Terms of Service for European Users ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the sail.me Platform, you agree to comply with and be bound by these Terms.

You can access the European Commission's online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that sail.me is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Table of Contents

  • Definitions
  • Range of sail.me Services
  • Modification
  • User Verification and Eligibility
  • User registration
  • Listings
  • Booking
  • Cancellation of booking
  • Service Fees
  • Taxes
  • Privacy and Personal Data
  • Security Deposit
  • Obligation of Parties
  • Payments
  • Ratings and Reviews
  • Content
  • Feedback

Definitions

1.1 "User ": means any user of the Website and on the App, whether a Boat Owner or a Renter

1.2 "Listing": means any Boat offered for Booking by an Owner on the Website and/or on the App.

1.3 "Boat": means any watercraft offered for Booking on the Website and/or the App (such as and including sailboats, motorboats, houseboats, catamarans, jet skis, etc.)

1.4 "Boat Owner": means a person or company that is an owner of watercraft. The Boat Owner can prove full ownership of a Boat on request by sail.me and/or a Renter. It also refers to the authorized representative of an Owner, who must be able to justify the existence and extent of the authorization received.

1.5 "Boat Agency": means a company that provides a service for Boat Owners, by posting their boats for rent.

1.6 "Renter": means any natural or legal person booking a Boat.

1.7 "Booking": means an Owner renting out a Boat, docked or at sea, to a Renter.

1.8 "Service Fee": means both the Renter Service Fee and the Owner Service Fee

1.8.1 "Renter Service Fee": means a fee, including taxes added to the Booking Price as a percent of it and payable by the Renter as remuneration for the Service.

1.8.2 "Owner Service Fee": means a fee, including taxes, deducted from the Booking Price at the time of disbursement as remuneration for the Service.

1.9 "Content": means any text, graphics, image, video, information or other materials which the User posts, uploads, publishes, submits, conveys or includes in his/her Listing or User account to make it available on the Platform.

1.10 "Add-ons": means any side-services, not included in the initial price which may be chosen by the Renter in addition to the Booking Price (bedding costs, cleaning, activities, etc.).

1.11 "Booking Price": means the price published as part of the Listing, including the Boat price and Required and Optional Add-ons if present. The Booking Price does not include sail.me's Service fee, costs for mooring the Boat in harbors/marinas and/or the fuel price, unless otherwise specified in the Boat Listing.

1.12 "Service": means both the service of connecting Boat Owners and Renters on the Platform, for the process of Booking a Boat either docked or at sea and the Payment Processing Service.

1.13 "Website": refers to the website sailme.com

1.14 "App": refers to the "sail.me" mobile app, available for iOS and Android devices.

1.15 "Weather cancellation": means a Booking Cancellation of one day or less due to bad weather conditions, leading to the inability to perform the Booking safely.

1.16 "Cancellation"; means a Booking Cancellation from Renter or Boat Owner, according to the "Cancellation Policy".

Range of sail.me Services

2.1 The sail.me Platform is an online peer to peer boat booking marketplace connecting Boat owners with Renters.

2.2 As the provider of the sail.me Platform, sail.me does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Rent Services, nor is sail.me an organizer or retailer of travel packages under Directive (EU) 2015/2302. Boat Owners alone are responsible for their Listings and Booking Services. When Users make, or accept a booking, they are entering into a contract directly with each other. sail.me is not and does not become a party to or other participants in any contractual relationship between Users, nor is sail.me a watercraft broker or insurer. sail.me is not acting as an agent in any capacity for any Users, except as specified in the Payments Terms.

2.3 All Users without registration can view listings, but in order to request to book a Boat, they must create sail.me account and become Registered Users.

2.4 Please note that, as stated above, the service is intended to be used to facilitate boat bookings. sail.me cannot and does not control the content contained in any listings and the condition, legality or suitability of any boats. sail.me is not responsible for and disclaims any and all liability related to any and all listings and boats, accordingly, any bookings will be made at the renter's, owner's and captain's own risk, whether or not affiliates are involved.

2.5 The sail.me Platform may contain links to third-party websites or resources ("Third-Party Services - TPS"). Such TPS may be subject to different terms and conditions and privacy practices. sail.me is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such TPS. Links to such TPS are not an endorsement by sail.me of such TPS.

2.6 To promote the sail.me Platform and to increase the exposure of Listings to potential Renters, Listings and other User Content may be displayed on other websites, in apps, within emails, and in online and offline advertisements in accordance with Section 16. To assist Users who speak different languages, sail.me may make automated tools available to enable Users to translate Listings and other User Content, in whole or in part, into other languages. Users are free to use these tools at their discretion. sail.me cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations.

2.7 sail.me is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the sail.me Platform. sail.me may, temporarily and under consideration of the Users' legitimate interests (e.g., by providing prior notice), restrict the accessibility of the Platform or certain areas or features thereof. If this is necessary for the view of capacity, security or integrity constraints on our servers, or perform maintenance measures that guarantee the proper or improved performance of our Platform.

Modification

sail.me reserves the right to modify these Terms of Use, including the Service fees, at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the sail.me Platform and update the "Last Updated" date at the top of these Terms. We will post the modification or provide to Users with notice of the modifications. After that with continuing to access or use the Service, Users are indicating that they agree to be bound by the modified Terms. If the modified Terms are not acceptable to our members, their only recourse is to cease using the Service.

User Verification and Eligibility.

4.1 In order to access and use the sail.me Platform and Services or register in Platform you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.

4.2 Verification of Users on the Internet is difficult, and we do not assume any responsibility for the confirmation of any Registered User's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we demand from Registered User to verify their e-mail and phone number and we may, but have no obligation to ask Registered Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, to screen Members against third party databases or other sources and request reports from service providers, and where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

4.3 sail.me may make access to and use of the sail.me Platform, or certain areas or features of the sail.me Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User's booking and cancellation history.

4.4 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 sail.me Platform 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.

User registration

5.1 In order to access and use certain features of Platform, such as booking or Listing a Boat users must register on the sail.me Platform and become a Registered User. The registration process is by using an e-mail address and password or through their account in third-party social network services, such as Facebook, Google, Twitter or Instagram (Third Party Account - TPA). Users have the ability to disable the connection between their sail.me Account and their Third-Party Accounts, at any time, by accessing the "Settings" section of the sail.me Website.

5.2 Please note that if a Third-Party Account or associated service becomes unavailable or Member's access to such Third-Party Account is terminated by the third-party service provider, then TPA Content will no longer be available on and through the Website, Service and Application.

5.3 All registered users are responsible for maintaining the confidentiality and security of your sail.me Account credentials and may not disclose your credentials to any third party. You must immediately notify sail.me if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your sail.me Account.

5.4 Registration in sail.me Platform can also be made in the process of booking a boat.

5.5 Users can not register more than one account on the sail.me Platform.

Listings

6.1 Every Registered User can create a listing of a boat from the “Add Boat” page. For authenticity, before publishing your listing, you must fill out a variety of information about the boat, including, but not limited to, location, length, features, pricing, rules, availability, insurance, etc. You acknowledge and agree that boat listings will be made publicly available on the Platform. Other users will be able to book your boat based upon information provided in your listing.

6.2 You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you warrant that all boat listings you post, the reservations and/or their use by a Renter will not violate any agreements you have entered into with third parties and will be in accordance with all applicable laws, rules and regulations that may apply to the boat included in the listing you post, including but not limited to: insurance requirements, coastguard regulations, zoning laws, marina provisions and booking and operating laws of boats.

6.3 Please note that sail.me assumes no responsibility for a Boat Owner's compliance with any applicable laws, rules, and regulations. sail.me reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that sail.me, in its sole discretion, considers being objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform. You understand and agree that sail.me does not act as an insurer or as a contracting agent for you as an Owner.

6.4 You understand and agree that sail.me does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Boat and rents your Boat, any agreement you enter into with such Renter is between you and the Renter and sail.me is not a party to it. Notwithstanding the preceding, sail.me serves as the limited authorized agent of the Owner to accept payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.

Booking

7.1 When a booking to rent a Boat, listed on the Platform is requested, the Boat Owner must accept or reject the request within 48 hours. After that period booking requests will be rejected automatically. In the booking request details, sail.me will provide a link to the User’s account so that the Boat Owner can view information before accepting or rejecting the request.

7.2 Boat Owners can choose to use the "Instant booking" option when adding a Boat listing, meaning that all booking requests for that boat will be automatically accepted by the Platform, without the need of acceptance by the Boat Owner.

7.3 When a booking is made, sail.me records all information for the listing and that booking. If the Boat Owner changes the boat listing after the booking was accepted, he must provide the same boat features and options that are recorded at booking time.

Cancellation of booking

8.1 Cancellation by Renter is possible at any time from booking request to the day of Booking, according to the Cancellation Policy.

8.2 Cancellation by Boat Owner is possible only by request to sail.me Administrator. It is possible only in case of personal circumstances and force majeure, according to the Cancellation Policy. sail.me will endeavor to offer the Renter an equivalent Boat for the same period and location.

8.3 In case the cancellation request by the Boat Owner is caused by the Renter's clearly inadequate condition to operate the boat, discovered by the Owner on the day of the Booking (excluding cases of inability to justify certification or qualifications by the Renter), this cancellation will also be considered as justified. The Renter will receive a full refund by bank transfer of the Booking Price without the sail.me Renter Service fee within fifteen (15) days. The Boat Owner will therefore not receive the Owner Price, less the sail.me Owner Service Fee.

8.4 If the Boat does not correspond to the Listing, the Renter must notify sail.me, before the Booking start, and also present evidence to prove this. The Renter must decide whether or not to cancel the Booking. In the case that the Renter decides to continue with the Booking, the Renter will not be able to request a refund of the Booking Price, for any reason whatsoever concerning this booking. In case the Renter decides to cancel the Booking, sail.me agrees, without this allowing the Renter to hold sail.me liable in any way, to refund the Booking Price to the Renter by bank transfer, within fifteen (15) days of cancellation.

8.5 In case the Boat is the subject of a major fault (breakdown) during the Booking, resulting in an inability to use the Boat for its principal purpose, the Renter will be able to ask for cancelation. The Renter must decide whether or not wishes to cancel the Booking. In the case that the Renter decides to continue with the Booking, he/she will in no case be able to request a refund of the Booking Price, for any reason whatsoever concerning this booking. In the case that the Renter decides to cancel the Booking, sail.me agrees to refund the Booking Price to the Renter by bank transfer, within fifteen (15) days of cancellation minus the Renter service fee.

8.6 In case that a Boat Owner has more than two improper or unjustified cancellation, sail.me reserves the right to remove the Boat Owner account from the Platform.

8.7 All refunds will be made within a commercially reasonable time.

Service Fees

9.1 In order to provide the Service, sail.me collects Service fee from Boat Owners and Renters ("Service Fees”).

9.1.1 The Service fee is calculated as a percent, equal to 20% of the Booking Price.

9.1.2 The Service fees are flexible for both sides, but the Boat owner sets it upon creating the Boat listing. He/she determines what percentage of the Service fee is paid by him/her and what percentage is paid by the Renter.

9.2 More information on Services Fees can be found in the FAQ section of the website. Except as otherwise provided herein, Service Fees are non-refundable.

Taxes

10.1 sail.me cannot and does not offer Tax-related advice to any Members of the Website, Application, and Service. Additionally, please note that each Boat Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

10.2 As a Boat Owner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

10.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Boats is located may require Taxes to be collected from Renters 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 the Boat Owners - a set amount per day, or other variations, and are sometimes called "lodging taxes," "port taxes," or "tourist taxes."

Privacy and Personal Data

11.1 We care about the privacy of our Users. Our Privacy Policy outlines how we use and safeguard your information. All personal data is encrypted on the sail.me servers.

11.2 sail.me collects some personal data under applicable law and the information stipulated in its Privacy Policy. You agree to this processing of personal data and acknowledge it by using the Website or the App and following your registration as a member.

Security Deposit

12.1 Boat owners can include a "Security Deposit" in every Boat Listing. It will cover any incidental damage that may occur during the trip. The Owner can choose the refundable security deposit to be paid in cash or/and by credit card at base at the beginning of every booking and after the booking is completed and no claims were reported, he/she will have to return the security deposit to the Renter.

12.2 sail.me will also use its commercially reasonable efforts to address Owners' and Renters' requests and claims related to "Security Deposits", but sail.me is not responsible for administering, accepting or refunding the security deposit, and disclaims any liability in this regard.

Obligation of Parties

13.1 Obligation of User: All Users understand and agree that they are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to their use of the Service and Content and will use the Website and the Service under these Terms of Use. User agrees to provide real, lawful, objective information while respecting the laws in force (regarding defamation, incitement to hatred, racism, etc.), to act in good faith when using the Service and the Website. Regularly to update his/her information by logging into the User account. Not to give User account to a third party or another User, and to keep login details for the User account confidential.

13.2 Boat Owner obligations: Boat Owner agrees to be able to prove ownership of Boat at any time. The Boat must be registered or declared and must to has a certificate for the rental purposes under the laws and regulations if required from the competent Authorities in the jurisdiction. The Boat Owner agrees to offer only Boats which are well equipped and maintained, up-to-date safety equipped and technically tested, according to the boat’s category, undergoing regular maintenance. The boat must have a valid insurance for the whole duration of the Booking, and to be able to present the insurance certificate when requested by sail.me and/or the Renter. Before the start of the Booking, the Boat Owner must verify the identity of the Renter by his/her ID card, the credit or debit card used by the Renter for the Booking payment, and if applicable - the Renter’s Captain license / Nautical CV, required for captaining the Boat. The Boat Owner must inform the Renter before the Booking for any limitation of liability on the part of the insurer. The Boat Owner must provide the Renter, upon request, with an invoice for the Booking Price, paid by the Renter. The Boat Owner also agrees not to divert and/or solicit Users of the Service to conclude Booking agreements directly with them, outside of the Platform.

13.3 Renter obligations: The Renter agrees to be the named holder of the credit or debit card used for the Booking Payment, to retain the "Security deposit" amount in his/her bank account, if required, until 24 hours after the end date of the Booking. He/she should bring the Captain license / Nautical CV required for captaining the Boat, and behave responsibly for the duration of the Booking. At the start of the Booking and upon signing the Booking contract, he/she should check the state of the Boat, the validity of any technical testing, the onboard presence of an up-to-date security equipment according to the boat’s category. He/she should notify sail.me immediately, if any dispute/disagreement, related to the Listing and/or the Boat. He/she should make notes of the Special Audit Logbook, if required, and to settle any fine for which he/she is responsible during the Booking, upon request by the Owner. The Renter understands that sail.me is released from any obligation to provide advice and that he/she will not be able to hold sail.me liable as such.

13.4 sail.me obligations: sail.me agrees to do its utmost to ensure the smooth operation of the Website in accordance with these Terms of Use. To pay the amount due to the Owner by means of a transfer to the Owner's bank account. sail.me allows Users to download from their User Accounts invoices for sail.me Fees.

Payments

14.1 Each Boat Owner hereby appoints sail.me as the Owner's limited agent solely for the purpose of collecting payments made by Renters on behalf of the Boat Owner.

14.2 Each Boat Owner agrees that payment of Booking fees made by a Renter to sail.me shall be considered the same as a payment made directly to the Boat Owner, and the Boat Owner will make the Boat available to the Renter in the agreed time upon manner as if the Boat Owner has received the Booking Fees.

14.3 Each Boat Owner agrees that sail.me may, under the Cancellation Policy undersigned by the Owner and reflected in the relevant Listing: - permit the Renter to cancel the booking - refund the Renter that portion of the Booking Fees specified in the applicable Cancellation Policy.

14.4 All payments made by the Renters for each booking, are in advance, by credit or debit card on the sail.me Platform via the Authorized Payment provider, after acceptance of the Booking Request by the Boat Owner. Exceptionally and subject to the express consent of sail.me, the User may pay by bank transfer.

14.5 All Payments of the Booking Price by the Renter is made in a single payment by default. Exceptionally, the Boat Owner can add an option for Installments in Boat listing and define two installments with percent amounts and time for payment.

14.6 In case of payment by installments, The Renter, must have enough funds in his/her bank account due on the day of the installment, in case there are not enough funds for completing the payment of an installment, sail.me will notify the Renter and will cancel the Booking after 3 (three) days. Refunds to the Renter will be made under the Cancelation Policy.

14.7 sail.me will issue an invoice to the Renter for the Renter Service Fee amount and to the Boat Owner for the Boat Owner Service Fee amount, which will be downloadable directly from the User Account.

Ratings and Reviews

15.1 Within a certain timeframe after completing a Booking, Renters and Boat owners can leave a public review ("Review") and submit a star rating ("Rating") about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of sail.me. Ratings and Reviews are not verified by sail.me for accuracy and may be incorrect or misleading.

15.2 Ratings and Reviews by Renters and Boat Owners must be accurate and may not contain any offensive or defamatory language.

15.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.

15.4 Ratings and Reviews are part of a User's public profile and may also be surfaced elsewhere on the sail.me Platform (such as the Listing page) together with other relevant information such as a number of bookings, number of cancellations, average response time and other information.

Content

16.1 sail.me may, at its sole discretion, enable Users to: - Create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the sail.me Platform ("User Content"); - Access and view User Content and any content that sail.me itself makes available on or through the sail.me Platform, including proprietary sail.me content and any content licensed or authorized for use by or through sail.me from a third party ("sail.me Content" and together with User Content, "Collective Content").

16.2 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the sail.me Platform, you grant to sail.me a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the sail.me Platform, in any media or platform. Insofar as User Content (including Verified Images) includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws under our Privacy Policy. Unless you provide specific consent, sail.me does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

16.3 You are solely responsible for all User Content that you make available on or through the sail.me Platform. Accordingly, you represent and warrant that: - you either are the sole and exclusive owner of all User Content that you make available on or through the sail.me Platform, or you have all rights, licenses, consents, and releases that are necessary to grant to sail.me the rights in and to such User Content, as contemplated under these Terms; - neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or sail.me’s use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, 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.

16.4 You may not, and you agree that will not post, upload, publish, submit or transmit any User 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; - violates sail.me's Content Policy or any other sail.me policy. sail.me may, without prior notice, remove or disable access to any Member Content that sail.me finds to be in violation of applicable law, these Terms or sail.me's then-current Policies or Standards, or otherwise may be harmful or objectionable to sail.me, its Users, third parties, or property.

16.5 You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Service and Content. In connection with your use of our Services, you may not, and you agree that you will not: - violate any local, state, provincial, national, maritime or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, admiralty law, and Tax regulations; - use the Service for any commercial or other purposes that are not expressly permitted by these Terms; - interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; - use manual or automated software, devices, scripts, robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Service or Content; - use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; - "stalk" or harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Renter or Boat Owner; - use our Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements.

16.6 Subject to your compliance with these Terms, sail.me grants you a limited, non-exclusive, non-transferable license, to (i) access and view any sail.me Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by sail.me or its licensors, except for the licenses and rights expressly granted in these Terms.

16.7 sail.me respects copyright law and expects its Users to do the same. If you believe that any content on the sail.me Platform infringes copyrights you own, please notify us.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the sail.me Platform ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the sail.me Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.