Effective date: July 27 2020
Last updated: Dec 07 2020
Welcome to SAILICA! Online yacht booking service.
1. For convenience, We use the following definitions:
Sailica - Sailica LTD and its affiliates, parents, and subsidiaries, legal address: Office 1, 4 Queen Street, Edinburgh, Scotland, EH2 1JE, United Kingdom, incorporated under the laws of Scotland (hereinafter – “Company”, “Sailica”, “We” or “Our”);
Site / Website / Platform - the website https://sailica.com/, means all its content and links;
Services - the intermediary / agent service between Charterers and Charter operator in boats booking services and the tool for managing bookings and coordinations between Charterers and Charter operator;
Charter operator - natural or legal person who has the legal right to rent boats, launches and yachts (owner, operator, agents, their appointed representatives with particular legal capacity);
Charterer - an individual or legal entity that desires to use Services and has allocated Booking of the Yacht;
Yacht - any sailing and/or motor vehicle, catamaran used for recreation (not for commercial (business) purposes), which is booked through the Platform and paid for by the Charterer;
Personal account - the User`s personal page on the Platform;
Booking form - the application form the Charterer fills in on the Platform in order to book the Yacht;
Listing - technical specifications of the Yacht, which are provided and updated by the Charter operator;
Contract (Charter) - agreement between the Charterer and the Charter operator or between the Charterer, the Charter operator and Sailica regarding the terms and type of Yacht and other conditions. Sailica appears only as an intermediary. In case of signing the Contract, the terms of these Terms and Conditions should not contradict the terms of the Contract and are perceived as additional rules. As a rule, the Contract or invoice prepared by Sailica contains the conditions that are offered by the Charter Operator, they may differ from those stipulated in these Conditions and will prevail;
Rental price - Yacht rental price, does not include any obligatory or additional optional payments that are to be made in the marina (outboard motor for dinghy, linens, final cleaning, other services (safety net for children, fishing gear, SUP, grill, etc.);
Booking - Yacht booking procedure, which is deemed completed after filling out a Booking form, signing a Contract (if applicable) and paying Rental Price;
Rental Term - the period of time (date) for which the Charterer rents the Yacht;
Reservation (Option, free of charge) - temporal reservation of the Yacht, shall not be converted to Booking, until Payment;
User (You) - any user of the Platform (registered / unregistered);
Base Manager - a representative of the Charter Operator / company in the marina where the lease takes place, who registers the Charterer(s), completes / finalizes the charter transaction and has the right to charge the full amount of the security deposit.
In these general Terms and Conditions, the terms above have the following meanings whenever capitalised, whether used in singular or plural form.
2. Purpose of the Service
Sailica provides a simple and user-friendly online Platform through which charterers can reserve and book a Yacht. The services are intermediary services and help those who are looking for renting a Yacht and those who provide Yachts for cruising, resting on a yacht, traveling, gaining experience in yacht sailing.
The Charterers understand that Sailica is acting as an intermediary between Charter operator and Charterer. Sailica is and remains a third party to contracts concluded between Charter operator and Charterer (if any). As such, Sailica cannot be bound to fulfil Charter operator’s obligations and cannot be held liable for any breaches by Charter operators of their contractual obligations. Sailica is only responsible for establishing contact between the Charter operator and Charterer, helps in communications and Rental Price payment process.
Sailica is not a travel organizer or seller of travel packages within the meaning of EU Directive 2015/2302. Charter operators are solely responsible for their obligations concluding a Contract between the Charterers and Charter operator.
3. Access to the Service
The Service is reserved for natural persons of full age, emancipated minors enjoying full legal capacity and legal entities able to submit themselves unreservedly to these Terms and Conditions.
All those individuals under this age will not be accepted as Charterers. The Charterer declares, under his/her sole responsibility, that he/she is in eligible age (according to the legislation of applicable jurisdiction) and that all of the personal information provided is true to his/her knowledge. The Charterer declares and warrants that he/she is legally empowered to sent the Booking form provided for by Sailica on his/her own behalf or for any agents or representatives acting in his/her name and acknowledges that acceptance shall imply being bound by the present Terms and Conditions and by the conditions established in the Booking form.
The Sailica reserves the right to exclude a Charterer from the Platform who does not comply with these Terms and Conditions at any time and without prior notice. Any incorrect information communicated to Sailica may lead to termination of access to the Services for the Charterer.
3.1. Registration on the Platform
Registration on the Platform is free. When registering, User agrees to provide true, accurate and complete information as prompted by the registration form. When User creates a Personal Account, User needs to provide an email address and create a password. Registration can be processed by logging to personal Facebook or Gmail accounts. Users should keep email address and password private and confidential and should not share this data with anyone else. Any person using the Platform with the Charterer's name and password is deemed by the Platform to be that all activities on the Platform are authorized by You. Any loss or compromise of the foregoing information and/or Your personal information may result in unauthorized access to Your Account by third-parties. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You must contact Us immediately at firstname.lastname@example.org.
In order to rent a Yacht, User will need to fill out a Booking form, which includes the following data: type of charter, destination, type of boat, number of adults and children, rest period, flexibility, order details, User’s title, name, email and phone number. Sailica contacts the User within 24 hours after filling out and submitting the Booking form. Sailica can contact the Charterer through email, messenger or through the contact phone number. By contacting the User, the Manager can conduct an additional free consultation on the conditions for the need for a COVID-19 test, the opening of borders in certain countries, mask modes, where to purchase the necessary tickets. etc. This consultation is only advisory in nature, and the Manager and Sailica are not responsible for changes, inaccuracies, as well as other circumstances associated with the information provided. After discussing the details of the Reservation, the Manager sends the User a PDF file with the Listing via the Platform.
Sailica acts solely as an intermediary between the Charterer and the Charter operator, transmitting the details of the reservation to the relevant Charter operator and sending the Charterer a confirmation email for and on behalf of the Charter operator. When rendering its services, the information that Sailica discloses is based on the information provided by the Charter operators via specialized CRM platforms. Sailica receives information about Yachts and available dates via API from the fleet control system (booking-manager mmk, nausys. sedna, mister booking, yachts, etc.), the Charter Operator is responsible for the accuracy of the data. Although we do our best to display up-to-date information and data, technical failures / inoperability may occur in filling out information about Yachts when booking, therefore, after Booking, the relevance of information will be checked and agreed by Sailica with the Charter Operator and the Charterer. The Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any Charter operator made available.
Each Charter operator publishes Listings in the fleet control system (booking-manager mmk, nausys. sedna, mister booking, yachts, etc.) that describe the services offered (in particular price, condition and technical characteristics of the Yacht, etc). Each Charter operator is solely responsible for the content of the Listings published by them and for the accuracy and truthfulness of the information included in the Listing. Sailica can not be held liable for the misleading or incorrect nature of a Listing. Sailica does not act as guarantor for any Charter operator, Yachts or Listings.
Each Charterer will engage in a direct contractual relationship with the Charter operator that will provide the service after Booking. Once the Booking of such services will be completed on the Platform, the Charterer will receive a formal yacht rental Contract / Rental information from the Charter operator which will regulate all aspects related to the Services provided. The Charterer expressly acknowledges that by making a Reservation on the Platform the Charterer will enter into a direct relationship with the Charter operator and that Sailica acts as an intermediary with the purpose of allowing such direct relationship to take place.
Sometimes the Charterer will not engage in a direct contractual relationship with the Charter operator. In such cases, Charterers should be guided by these Terms and Conditions. But this in no case does not mean that Sailica takes on any responsibility for non-performance or improper performance of obligations by the Charter operator. If you need more information regarding the Charter operator / owner please contact Us and we will do Our best to get a triple Contract for You.
4. Payments and deposits
4.1. Payment for the Booking
The Charter Operators request the Rental price (in whole or in part) in order to guarantee the Booking. The Charterer shall pay the Rental price for each booking in accordance with the invoice by SWIFT transfer or by invoice payment to the indicated bank details (IBAN), after the Charterer and the Charter Operator have signed the Contract or after the Charterer has received the invoice.
The Charterer pays the Rental Price in the following order:
- 50% of the Rental Price as an advance payment within 7 (seven) days from the date of receipt of the invoice;
- 50% of the Rental Price for 30 (45) days before the start of the Rental Term.
If the Charterer makes a Booking less than 30 (45) calendar days before the start of the Rental period, the User must pay the Rental price in the amount of 100% within 7 days from the receipt of the invoice. Here are the general conditions, which can be changed depending on the requirements of a particular Charter Operator, which will be additionally communicated to the Charterer.
If the Charterer does not pay the Rental Price on time, the Charter operator has the right to cancel such Booking. If the Charterer has paid the advance payment and does not pay the residue on time, the Charter operator has the right to cancel such Booking without returning the advance payment. The Sailica in no case shall be liable before the User for the return of the advance payment or the settlement of claims between the Charterer and Charter operator.
The down payment and the Rental Price are paid directly by the Charterer to Sailica. When Sailica receives the payments from the Charterer the funds will be transferred to the Charter operator (deducting the Sailica intermediary Commission, for services in the selection of a Yacht, advice and assistance in booking). Basing on this Sailica may not be held responsible for any insolvency or bankruptcy of the Charterer or the Charter operator.
4.2. Security deposit
The Charter operator will require a security deposit for the Yacht rent. The amount of this deposit is indicated in the Contract or on the invoice and is paid by bank card (amount reserve - the security deposit is frozen in the Charterer's bank account or transferred to the Charter Operator) or cash as a deposit. It is allowed to replace the refundable deposit with a mixed (damage waiver) or non-refundable one.
The Charterer undertakes to have sufficient funds in their bank account for the security deposit to be deducted at the time of the Booking and to maintain sufficient funds in this account until completion of Rental Term. The security deposit will be returned after the establishment that no damages occurred to the Yacht and/or the equipment on board, and that no contractual violation during the Rental period has occurred. In case of damage to the Yacht, the full amount of the security deposit will be retained until the damage will be quantified. If the total of the damages be higher than the amount of the security deposit, the Charterer is liable up to the amount of the security deposit; damage is calculated by the Charter Operator in relation to the actual assessment of the work performed to eliminate such damage; all relations regarding the security deposit are governed exclusively by the Charter Operator and the Charterer.
The Sailica can under no circumstances be held liable if there are insufficient funds in the Charterer's bank account when the security deposit is deducted from this account, or if there is a disagreement between the Charterer and the Charter operator as to whether the security deposit is payable. Charterers understand and accept that Sailica will endeavor to resolve the conflict between the Charter Operator and the Charterer as soon as possible, however, being a platform for the convenience of searching and booking Yachts, it cannot act as a responsible party or arbitrator in the event of a dispute of any kind between the Charterer and Charter operator. Any disputes between the Charterer and Charter operator, in particular regarding the existence and/or imputability of the damage and/or the amount of compensation, must be submitted to the competent courts.
4.3. Obligatory extras
Such payments are not included in the Rental price and are paid separately to the Representative of the Charter Company at the time of registration (check-in) on the Yacht in the marina. The subjects and the amount of obligatory extras is established in the Contract or invoice / Listing. The Sailica is not responsible for cases when the declared obligatory extras in the Contract or invoice exceed the actual cost.
5. Cancellation of Bookings
5.1. Cancellations due to Force Majeure
In the event of circumstances characterizing a case of force majeure, any Charterer may request the postponement of the booking to a later date, after providing proof of these circumstances in writing to Sailica no later than 12 hours after the start of force majeure. If the Charterer has not warned in time about force majeure and wishes to cancel the Booking, then the amount paid, as a rule, is not refundable. However, on a case-by-case basis, it is possible to negotiate tariffs / penalties in accordance with the rules that apply with the Charter operator who confirmed the Yacht Booking.
The parties agree that force majeure constitutes the following in particular:
- legislative and regulatory changes,
- natural disasters, fires, storms, floods, wars and terrorist acts, internal strikes, diseases, power surges, failures of cooling systems and computer equipment, blockages and slowdowns in electronic communications networks
- inability to travel from the location of the Charterer to the country of location of the Yacht, cancellation of flights, lockdown of the country of the Charter operator for quarantine, closure of the maritime border and a (continuing) ban on going out to sea by port services or government agencies, and
- more generally, any unpredictable events beyond the control of Sailica, Charter operator and the Charterers.
The inappropriate weather conditions could not be appointed as the force-majeure conditions.
5.2. Cancellations due to the Charter operator
The Charter operator, as a rule, may not request the cancellation of Contracts they have accepted. If the Charter operator is not able, for reasons not due to his will, to deliver the Yacht it can be replaced by another one with similar or better characteristics, according to the discretion of the Charter operator. In the case of a refusal to replace the Yacht, the Charter Operator proposes solutions in accordance with its terms and conditions.
5.3. Cancellations due to the Charterer
Charterers must notify the Sailica of any cancellations in advance in writing via their Charterer Accounts or email. A cancellation only becomes effective after Sailica has sent an email notifying the cancellation.
In case of cancellation of the Booking, the Charterer, as a rule, has the right to return the paid sum in the following amount:
- more than 8 weeks before the start of the Rental - 60% of the amount paid;
- less than 8 weeks before the start of the Rental - 40% of the amount paid;
- less than 6 weeks before the start of the Rental - 20% of the amount paid;
- less than 4 weeks before the start of the Rental - the amount paid is not refundable.
These refund policy conditions are standard, Sailica may apply other conditions to the Charterers, depending on the terms offered by the Charter operator.
The Contract may contain other provisions and terms for the return of funds paid. If there is a Contract, the Parties shall act in accordance with its provisions.
Usually, the Yacht has an insurance policy which covers towards third parties, this insurance cover being compulsory by law, for involuntary damages caused to third parties during navigation or by lying idle. The insurance does not cover: the loss or damage of the Charterer’s operator possessions or those of the Charterers.
7. Travel documents and sailing licence
The Charterer bears sole responsibility for the compliance of the travel documents, passport, possible visa and vaccination certificates, and for the skipper licence, for himself and the persons accompanying him, in accordance with the regulations of the countries visited.
The Sailica is not responsible for informing Charterers and the preparation of relevant documents, permits, visas.
8. If the Yacht does not match the Listing
If the Yacht does not match the Listing which makes the Rental price significantly less, the Charterer should notify Sailica before the sailing, providing all supporting evidence (photos,video etc.). The Charterer should decide whether or not they wish to cancel the Contract. If the Charterer decides to maintain the Contract, he/she may under no circumstances request reimbursement of the Rental Price for any reason in respect of the Contact. If a Charterer cancels the Contract, the Charterer understands and accepts that he/she may request reimbursement of the Rental Price directly from the Charter operator, without ever being able to incur Sailica liability in this respect. The Charter operator, as a rule, is responsible for the return of the Sailica commission, which is included in the Rental Price. Responsibility for reimbursement of the Rental Price cannot be laid on the Sailica.
9. If a breakdown occurs during the Rental period
If the Yacht suffers failure (breakdown) during the Rental period the Charterer must warn the Charter operator and Sailica about such breakdown. The Base Manager will give recommendations on further actions. Sailica is not responsible for serious or simple breakdowns of the Yacht, as well as for its repair or replacement in such situations. In no case may the Sailica be held liable for the damage incurred or the sailing conditions.
The Sailica has the obligation to transmit the information about each Booking, as they are indicated in the Booking form, to the provider to the Charter operator.
The Sailica shall also have the obligation to charge the Charterer the Rental Price contracted via the Platform. Sailica will transfer the funds to the Сharter operator according to the conditions established with each Charter operator.
The Charterer undertakes at all times to provide accurate and truthful information for the details requested in the Booking Form and in any other form he/she is required to complete in order to Contract the services and to ensure that this information is kept up to date.
The Charterer is responsible for the full payment of the services Contracted, respecting the procedure, periods and quantities stipulated on the Platform or in the Contract or invoice.
The Charterer expressly acknowledges that he/she is obliged to make use of the rented Yacht in a correct manner and in compliance with any applicable laws, regulations and according to the present Terms and Conditions. The Charterer accepts all responsibilities that may result from an incorrect use of the Yacht.
The Charterer undertakes to use the Platform, its functions and the Service for lawful purposes and according to the present Terms and Conditions. Particularly, the Charterer undertakes neither to send or spread, through the Platform and its functions, illicit, defamatory, vulgar, obscene, abusive or disturbing content, nor to use the Platform and its functions to perform any acts which could cause damage to the image and reputation of Sailica or any other loss or damage to Platform.
Moreover, the Charterer undertakes not to send advertising materials, undesirable and/or unsolicited communications which could interfere with the functionality and/or the use of the Website by third parties.
11. Liability. Limitation of liability
Sailica reiterates that in the case of tripartite Contracts, Sailica may be a party as an agent (intermediary) between Charterers and Charter operators. In the event of a Charterer's claim, Sailica cannot under any circumstances be held liable. All claims shall be addressed to the Charter Operator.
The Sailica is not responsible for managing delays or managing any disputes between Charterers and Charter operators.
The Sailica is not liable for any shortfall in bank accounts or for any disagreement regarding the payment of security deposits between Charterers and Charter operators.
Under no circumstances the Sailica may be held liable for any damage of an indirect or direct nature, even if the Sailica has been informed of the possibility of such damage.
For all individual and cumulative claims that may be addressed to Sailica, Sailica's liability is limited to an intermediary commission for each Booking and cannot be increased. Sailica, its responsible persons / beneficiaries cannot be held liable in excess of the commission for each individual Booking for any violation of the current conditions of Sailica or the Charter operator or its Representative.
The Sailica accepts no liability for the content, commercial activities, products or services that may be viewed by accessing external links on the Platform, either directly or indirectly. Sailica shall not be held responsible for any actions deriving from the use of hyperlinks on the Platform or for the consequences of accessing these links.
Subject to the limitations set out in these Terms and conditions and to the extent permitted by law, Sailica shall only be liable for direct damages actually suffered, paid or incurred by User due to an attributable shortcoming of our obligations in respect to Our Services, up to an cost of Sailica commission (whether for one event or series of connected events). However and to the extent permitted by law, neither Sailica nor any of Sailica officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its contents will not to be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Charter operator as made available on our Platform, (iii) the services rendered or the products offered by the Yachts, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by User, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by the Charterer, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Charter operator (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond Sailica control.
Sailica provides Platform and promises to do best to make sure Charterers enjoy using the Platform. But there are certain things that Sailica doesn't promise about Platform.
CHARTERERS USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM, INCLUDING ALL SERVERS AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, WHICH ARE RELATED TO ENSURING THE OPERATING EFFICIENCY OF THE PLATFORM.
CHARTERER ACKNOWLEDGES THAT SAILICA DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND YOU FURTHER ACKNOWLEDGE THAT SAILICA DOES NOT WARRANT THAT THE ACCESS TO THE SERVICE(S), WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
13. Intellectual property rights
The look and feel of the Platform is copyrighted. You may not duplicate, copy, or reuse any portion of the HTML/CSS, trademark, logo, recognizing algorithms, fonts, unique content or visual design elements or concepts without express written permission from Sailica.
The Charterer undertakes not to infringe in any way the intellectual property rights held by Sailica.
14. Changes to this Terms and Conditions
The Sailica may amend or modify these Terms and Conditions, any content contained on the Platform, including yacht descriptions, by publishing an updated version on the Platform. The updated terms will be effective at the time of publication, the dates of the last (current) updates are indicated before the text of the terms. The charterer is responsible for checking the current version.
15. Applicable law
These Terms and Conditions are subject to Ukrainian law.
In the event of a dispute concerning the interpretation or implementation of these Terms and Conditions, the Charterer undertakes to send his/her complaints to Sailica at the following address: email@example.com.
Any dispute, controversy or claim arising out of or relating to this contract, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules. The language of arbitration shall be English. Applicable law shall be Ukrainian law.
In the event of a dispute concerning the interpretation or implementation of the Contract between Charterer and Charter operator, the applicable law and the competent court are those designated in the rental Contract.
If one of the clauses of the Terms and Conditions is found to be invalid or improper, the other Terms and Conditions will remain applicable in all its provisions other than those deemed invalid and improper, if it can continue to exist without these clauses.
17. Legal notices
The Platform is the property of Sailica LTD
Legal Address: Office 1, 4 Queen Street, Edinburgh, Scotland, EH2 1JE, United Kingdom.