Allgemeine Geschäftsbedingungen

1. The Parties

1.1 These General Terms & Conditions of Use (hereinafter referred to as: General Terms) regulate mutual rights and obligations related to services offered by company Sebastus sailing d.o.o. (hereinafter Sebastus sailing), VAT-ID: HR06001546604, Savska cesta 32, 10 000 Zagreb, Croatia, ie. sebastus.com (hereinafter Website) or any other websites owned by Sebastus sailing d.o.o.

1.2 User: is defined as each visitor, individual or duly represented legal entity who accesses the website to look for information on boat Operator services and offers. Users use service to book a Boat. Words and terms used in this General Terms that have gender meanings apply equally to each gender, regardless of what gender they are used in. A minor (a person under the age of 18) can’t make a booking. 

The User declares, under his sole responsibility, that he is an adult and that all provided personal information is true and correct. The User guarantees that he is legally empowered to sign the booking form provided by Sebastus sailing on his own behalf or for others on whose behalf he is authorized to act. The User agrees to abide by the General Terms and accepts that they apply to him. 

1.3 Sebastus sailing reserves the right to delete, without notice, any user who enters incorrect information about himself. 

1.4 Booking: Any booking of the Boat offered by the Operator on a Website, made by User.

1.5 Deposit: the amount of money that the User is obligated to pay when he is booking a Boat. The security deposit will be returned to the User upon completion of the sailing, except in the case of damage to the Boat which is Users fault and in other cases specified by each Operator.

1.6 Price is the total price of the service which User pays for booking a Boat.

1.7 Operator: A person of full legal capacity or properly represented legal entity that is the legal and beneficial owner of the vessel or is empowered by the legal and beneficial owner of the vessel or a person who has received the exclusive unconditional right to use and set the Boat on the Website for a User to make a Booking. Sebastus sailing has entered into specific cooperation agreements with the Operators for the purpose of providing booking boat services.

1.8 Boat/ Vessel: Boats, sailboats, catamarans, speedboats, yachts, gulets, trimarans and any other kind of sea, lake or river vessel of the specified Operator, placed on the website for Users to make bookings. Sebastus sailing is an intermediary for booking these vessels which are posted on Sebastus sailing Website. Additional services that are related to Boats (for example cleaning, skipper, etc.) may, but may not be included in the service and they are listed on the page of every Boat on a Website.

2. The conditions of using the service

2.1 Sebastus sailing provides recreational boat charter services and other associated services and products. Sebastus sailing acts as an intermediary between the User and Operator for booking vessels. Vessels are located in the fleets of different Operators. The User confirms that he agrees to these General terms when he sends inquiry or when he pays the advance.

2.2 Service of Booking is available exclusively for adults and persons with completely legal capacity, or persons authorized to represent the legal entity, which they confirm by using Booking.

2.3 User who sends enquiry or instant booking gives consent to Sebastus sailing to use its personal data for the purpose of booking the vessel, all in accordance with the General Data Protection Regulation (GDPR) and other relevant Regulations. Sebastus sailing uses the User personal data only for the purpose for which it was collected. The User’s personal information must be provided to the Operator for the purpose of realization of the booking Boat. 

2.4 Newsletters and promotional offers will be sent only to Users who give consent that they want to receive these notifications. At any point, Users may withdraw these consent. For more Privacy information, please visit the Privacy Policy page.

3. The Service

3.1 The Sebastus sailing makes available Internet platform through a Website on which Operators can offer their Boats for booking. The operator can independently post it’s the price, update availability for booking of its Boats, manage upcoming bookings, receive a request for a booking, get reviews for its services, post its terms and conditions and other information as described in these Terms and Conditions via the Website or through third Websites.

3.2 User can book a particular Boat through the Website. By booking the boat through the Website, each User enters into a contractual relationship with a particular Operator. Sebastus sailing or Website is an intermediary between User and Operator, acts in the name and on behalf of the Operator. Sebastus sailing transfers details of the booking to Operator and sends email confirmation the Booking to Operator. The information displayed on the Website, the Sebastus sailing receives directly from Operator or through third parties websites authorized from Operator. Operators are fully responsible for updating all rates, availability and other information displayed on the Website. Sebastus sailing is responsible only for establishing contact between the User and the Operator. Sebastus sailing is not liable for the failure of service performance or for the excellent performance of services that are part of the Agreement between Operator and User. Each Operator remains liable for the accuracy of the information (including pricing and availability) displayed on the Website.

3.3 When a User makes a Boat Booking with an individual Operator through the Website, in the next step he needs to confirm Booking. After confirmation, the User will be obligated by this Booking, and with the terms and conditions of the Agreement which will be applied on that Booking with individual Operator, terms of payment, cancellations and other issues. Sebastus sailing is not a party in the Agreement and he is not obligated with Terms of this Agreement.

4. Rights and Obligations

4.1 Sebastus sailing acts as an intermediary between the User and Operator. Sebastus sailing is obligated to provide a service that is consistent with the booking information as stated in the booking form. Sebastus sailing is obliged to help User find the Boat that suits his needs, and help User through the Booking process in which he provides User with all relevant information about accommodation on the Boat, routes and possible additional services if the User is interested in them. Sebastus sailing is obligated to collect the necessary documents with User consent and inform the Operator about these documents in order to perform his role in accordance with the Agreement that Sebastus sailing has signed with Operator.

4.2 Sebastus sailing will receive the payment made by the User in the name and on behalf of the Operator that will provide the service, including all additional services as indicated by the User in the Booking Form on the Website. Additional services are charged according to the Operator price list. Sebastus sailing transfers the payment to the Operator according to the conditions established with a particular charter operator. Sebastus sailing works for an agency commission.

4.3 After the User pays the price of the service, Sebastus sailing will provide him with a confirmation of the payment of the contracted services.

4.4 The User is obliged to provide accurate and true information for the details requested in the Booking Form and in any other form he is required to complete in order to contract the services. The User is obliged to provide Sebastus sailing with all information that may be requested for the purpose of entering into the contractual relationship and proper provision of the service. The User gives consent to Sebastus sailing to verify the veracity of the personal data and any other information provided and undertakes to collaboration with Sebastus sailing during such verification. The User also gives him consent to share this information with the Operator in order to fulfil the booked service.

4.5 The User is responsible for the full payment of the contracted services, respecting the procedure, periods and quantities stipulated in the contract.

4.6 The Operator is obliged to ensure that the Boat which is handing to User is maintained and ready for sailing. The Operator is obliged to hand over a User Boat with a full tank of fuel, and the User is obliged to return the Boat with a full tank of fuel, too. If the User doesn’t refuel, Operator may charge him a fee detailed in the Operator Terms.

4.7 The User explicitly agrees that he is going to use these services in a correct manner and in compliance with any applicable laws, regulations and according to the present General Terms & Conditions. The User accepts all responsibilities that may result from the incorrect use of the services and violations General Terms, law and regulations.

5. Deposit

5.1 The deposit is required for all Boats. The Operator determines the amount of the deposit that the User needs to pay. The deposit must be paid prior to taking over the Boat. A deposit is a type of guarantee to the Operator that User and other Guests on the boat will use the Boat carefully, and avoid damage.

5.2 The Operator inspects the Boat after sailing. The deposit will be fully refunded to the User, if the User didn’t cause damage on Boat, loss of equipment, delay in the base on return or violated any other rule specified by the Operator. 

If the User or one of his guests cause damage by accident or negligence (eg. delay in returning the Boat to the base, etc.), the deposit will not be refunded in part/full to the User, as it will be necessary to compensate for the caused damage.

6. Payment

6.1 For all payments via Website Sebastus sailing use bank transfer (direct transfer of funds from one account to another) in accordance with the amount and instructions provided on General Terms and Offer.

6.2 Payment for the Booking should be performed as specified below:

  • For Bookings, which have more than 30 days till application (check-in): User has a choice, 
  1. either to pay 100% of the full fee for Booking immediately upon approval of certain Booking by Operator
  2. pay 50% of the full fee for Booking immediately upon approval of certain Booking by Operator, and the remaining amount to pay within the time limit prescribed in the contract (most often this time period is between 50 and 30 days before check-in). 
  • Timeframe for payment may be variable depending on the terms of the Agreement with Operator. All details which determine deadlines will be detailed in the Agreement between User and Operator.

6.3 For Bookings where the check-in is less than 30 days: User will be required to pay 100% of the fee immediately (unless otherwise agreed between Operator and the User).

6.4 If the User doesn’t make a deposit payment, one or both remaining amounts within the deadline, Sebastus sailing or Operator have the right to cancel the service without obligation to refund the previously paid amounts.

7. Cancellation Policy

7.1 If the User cancels his booking, he should be kept in mind that the refunds may not be provided at all. Users can book a particular Boat through the Website. Sebastus sailing and Operator advise User to read Operator Terms before the Booking since the return of the payment amount depends on the Operator Terms and Conditions of the cancellation. The refund is Operator’s responsibility. Sebastus sailing is not responsible if Operator refuses to return the payment. 

7.2 Cancellation by User

If User wants to cancel the service for any reason, it is necessary to notify Sebastus sailing via email or phone, without any delay.

The payment obligations in case of cancellation are determined individually depending on the cancellation policy of the Operator with which the Contract is concluded.

7.3 Cancellations by Operator

If the booking is canceled due to Operator’s fault, for example, due to damage to the booked vessel or other unpredictable circumstances on the vessel, the User will resolve these difficulties with Operator in accordance with the applicable provisions of that Operator.

In most cases, difficulties will be resolved in one of the following ways:

  • Booking of a vessel with similar features and size, located in the same fleet or
  • Refund of the amount received for the vessel.

The user accepts the possibility of cooperation and seeking the best possible solution if the vessel is damaged during the previous sailing or force majeure (vis maior). In these cases, neither Sebastus sailing nor Operator will be considered as responsible.

8. Check-in and Check-out 

8.1 The operator is obliged to hand over to the User a vessel that is ready for sailing. That is clean, technically correct Vessel, equipment in accordance with the inventory list, with full tanks of water and fuel.

8.2 The User is obliged to take the booked Vessel from the Operator, at the agreed embarkation port and check if the Vessel is in accordance with Agreement.

8.3 At the embarkation port, User is obliged to submit to the Operator the following documentation: valid identity card or passport, boarding pass (if it is required by the Operator) and sailing license if he wants to operate a Boat on his own.

8.4 The User is obliged to return the Vessel to the disembarkation port. If the User doesn’t respect this, or he returns the Vessel to a Port that isn’t a disembarkation port, the User is obligated to pay all costs incurred in connection with the transfer of the Boat, and it is stipulated by the Operator conditions and an additional penalty. Users need to return the vessel with a full tank of fuel.

9. Jurisdiction

9.1 The parties will strive to resolve any dispute in a peaceful manner.

9.2 To the extent permitted by law, these General Terms and the provision of our services shall be construed and interpreted and governed in compliance with the laws in Croatia and both Parties submit to the jurisdiction of the courts of Croatia.

10. Other

10.1 The Sebastus sailing has the right to establish his rights on this General Terms directly and on his own behalf.

10.2 User and Operator confirm that the Sebastus sailing shall neither be responsible nor liable for any amendment, suspension or discontinuance of the services provided on this Website. Sebastus sailing does not warrant that the service provided by Operator will be appropriate to meet the User’s needs and Sebastus sailing is not responsible for the failure or incomplete performance of the service governed by the Agreement between User and Operator.

Sebastus sailing makes no warranty or liability to the User that photos and published information correspond to the actual condition of the Vessel and that price and availability are updated on the Website. The Operator is responsible for the accuracy and completeness of the information (price, availability, etc.) which are displayed on the Website.

10.3 The original version of the sebastus.com General Terms and Conditions is written in the Croatian language. This version has been translated into other languages. The translated versions are considered unofficial translations and do not imply rights. In the event of a dispute over the content or interpretation of these terms and conditions, or a particular type of inconsistency or disagreement between the Croatian version and other versions of these terms and conditions, the Croatian version shall be considered decisive and shall be applied in accordance with the Law. If you choose the Croatian language on the Website, the original version of the General Terms and Conditions will be available to you. You can also request the original version of the General Terms and Conditions in the Croatian language.

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