GENERAL CHARTER TERMS AND CONDITIONS
SailNation acts as an Agency and Broker. Through its website sail-nation.pl, it offers an online platform thanks to which Charters and Shipowners can present their boats and offers, contacting the visitors/customers of the website, who can in turn make a reservation. By making a reservation request through SailNation, the Customer is contractually bound to the Charter Company whose boat he chooses. The Agency SailNation puts the two parts in contact and acts exclusively as an intermediary, communicating the booking details to the Charter Company, supporting the Customer in the booking process. Thus, it is not part of the rental contract, being neither an agent nor a representative of the Charter Company and, in any case, it does not have any power of representation regarding them. SailNation cannot therefore be held responsible for the non-execution or partial execution of the services described in the contract between the Customer and the Charter Company. The Charter Company will always be held responsible for the accuracy and completeness of the information (including price and availability) displayed in the website sail-nation.pl. The SailNation website presents offers that are updated daily. The SailNation website, though constantly updated to provide quotations and services as punctual and precise as possible, cannot be considered guarantor of the quality and level of service offered by the Charter Companies. The user/customer expressly recognizes that, by making a reservation through the website sail-nation.pl, he enters into a direct relationship with the Charter Company and that SailNation will act solely as intermediary, with the aim of permitting the existence of such direct relationship between Charter Company and Customer. Lastly, it should be noted that the present general conditions regulate the relationships among the Customer, the Charter Company and SailNation. At the time of the booking confirmation, the Customer will also be provided with the general conditions of renting of the Charter Company with which the contract is framed. Those conditions will be presented to the Customer once again at the time of the boat takeover.
The visitor/customer undertakes to provide accurate and truthful information during the process of registration and booking in any requested way/form, to enter into a correct and complete contract for the provision of the requested service. SailNation has the obligation to require the Customer to pay for the contractual services booked through its website, receiving the payment from the user in the name of the Charter Company providing the service and that may include possible extra services, following the guidelines indicated by the user on the website during the booking process. SailNation will transfer the payment collected from the Customer to the Charter Company, according to the conditions established with the company and will give confirmation of acceptance of the booked services to the Customer immediately after payment. The Customer is responsible for the total payment of the service covered by the contract, in compliance with the procedures, deadlines and amounts stipulated through the SailNation website in the final booking phase. The Customer expressly accepts to make proper use of the service, in accordance with the applicable rules. He also accepts any responsibility that could derive from an incorrect use of the service.
At the time of confirmation of the booking, the Customer will be asked to pay an advance corresponding to 50% of the rental amount. The rest must be paid no later than 45 days before departure. For bookings made in the 45 days prior to the departure date, the full amount must be paid at the time of confirmation of the booking. Failure to comply with these conditions authorizes the cancellation of the bookings, even if already confirmed. If the booking has been cancelled due to noncompliance of the payment terms no refunds can be requested by customer and the already paid amount is regarded as non-refundable.
The deposit is to be made directly at base before embarking the boat. Deposits are used to cover potential damages on the boat and SailNation bears no responsibility or liability regarding insurance deposits and it’s use by the charter Company. Any claims and losses regarding the insurance deposit are to be solved between the customer and Charter Company.
4. Price validity and currency
The rental prices and the prices of extra services are expressed in € (Euro). If payment is to be done in some other currency than Euro slight differences might occur due to exchange rates. All the prices displayed on the website sail-nation.pl are intended as prices per week and include VAT unless otherwise mentioned on the website and/or at the time of booking.
Customers can waive the rental only until the 46th day before departure. In that case, the paid amounts will be returned only if the Charter Company will be able to resell the same rental service. Otherwise, there will be no refund. In any case, 15% of the paid amount will be withhold for brokering rights. No refund will be anyway acknowledged to customers who do not present themselves for boarding or who waive during the cruise.
The Charter Company is entitled to replace the chosen boat with a similar one with analogous characteristics, in case it is necessary for operational or other reasons.
As an intermediary, SailNation is not entitled to provide any insurance cover for the protection of luggage, health of the travellers and trip cancellation by the Customers, if not expressly requested or specified. SailNation, can formulate specific quotations based on the needs of the travellers if requested. Moreover, it may avail itself of the collaboration with important international Insurance Companies to offer specific insurance coverage. In any case, SailNation recommends that its Customers take out specific insurance policies to cover their trip and its related services.
8. Reasons of force majeure
Reasons of force majeure such as, for instance, strikes, adverse weather conditions, natural disasters, civil or military riots, technical and other problems, can cause even substantial changes to the reservation. Being reasons of force majeure, no responsibility can be attributed to SailNation, and additional expense that will be needed, if any, will be charged to the Customer.
9. Place of authority
Any possible controversy will be subject to the authority of the Court of Law in Warsaw, Poland.