Terms of service
Terms of service
Last updated: 1st December 2016.
- General Terms of service of the web page Sebastus.com
These general conditions define the conditions of use and services offered by the company Sebastus Ltd. (hereinafter referred to as SERVICE PROVIDER), VAT-ID: 17403046070, Varaždinska 11, 49250 Zlatar, ie. Sebastus.com (hereinafter WEBSITE) or any other websites owned by Sebastus Ltd.
USER: is defined as each visitor, natural or legal person, as well as registered user who accesses the website. USER guarantees that all information that are entered about himself are accurate and correct. SERVICE PROVIDER reserves the right to delete, without notice, any user who enters false information about himself. USER undertakes to respect the general conditions and fully agree that they are applied to him as the end user.
RESERVATION: Any reservation of the BOAT offered by the CHARTER on a WEBSITE, made by REGISTERED USER.
CHARTER: A natural 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 RESERVATION.
BOAT: Boats, sailboats, catamarans, speedboats, yachts, gullets, trimarans and any other kind of sea, lake or river vessel of the specified CHARTER, placed on the website for REGISTERED USERS to make reservations. Additional services that are related to BOATS (eg, cleaning, skipper, etc.) can be included in the service and are listed on the page of every BOAT within a WEBSITE which offers CHARTER.
- The conditions for using the service
2.1. Using service of RESERVATION is available exclusively for adults and persons with completely legal capacity, or persons authorized to represent the legal person, which they confirm by actually using RESERVATION
2.2. USER registration is done through the WEBSITE, that when the USER is required to enter certain personal information, as well as other information required of him (hereinafter referred to as REGISTERED USER).
2.3. After successful registration, a REGISTERED USER is given a user name and password in order to authorize the use RESERVATION REGISTERED USER must keep secrecy of his user name and password. In the event that the REGISTERED USER suspects unauthorized use of his username and / or password, personally answers for any costs incurred through using the user name and / or passwords until the moment he notifies the SERVICE PROVIDER through contacts published on the WEBSITE, and thereby specifically indicates that there is suspicion of unauthorized use. REGISTERED USER is responsible for all unacceptable activities undertaken under his username and / or password.
2.4. With registration USER confirms and expressly declares:
- that fully accepts these General Terms and Conditions, especially in so far as they relate to the RESERVATION services;
- that he gave complete, accurate, true and updated information;
- that gives explicit consent that SERVICE PROVIDER can in accordance with the provisions of the Law on Personal Data Protection of the Republic of Croatia, process the personal data provided, for the purposes of its own records and for providing other services, for the need to create a database of customers, for information about new products and services, as well as for improving services and that SERVICE PROVIDER can provide that information to third parties in order to perform services, protect the interests of users and SERVICE PROVIDER, as well as preventing potential abuse.
- The service and obligations
3.1. The SERVICE PROVIDER makes available Internet platform through a WEBSITE on which CHARTERS can offer their BOATS for booking. CHARTER can independently post his prices, adjust availability for booking of his BOATS, manage upcoming reservations, receive a request for a reservation, get reviews for his services, post his terms and conditions and other information as described in these Terms and Conditions via the WEBSITE or through third Website.
3.2. REGISTERED USER can reserve a particular BOAT through the WEBSITE. By booking the boat through the WEBSITE, each user enters into a direct contractual relationship with a particular CHARTER. SERVICE PROVIDER or WEBSITE is the mediator in relation of the REGISTERED USER and CHARTER, relaying details of the booking to CHARTER and sending e-mail confirming the RESERVATION to CHARTER and on behalf of the CHARTER. The information displayed on the WEBSITE the SERVICE PROVIDER receives from each CHARTER, directly from CHARTER or through third parties websites authorized from CHARTER. CHARTERS are fully responsible for updating all rates, availability and other information displayed on the WEBSITE. The SERVICE PROVIDER is responsible for establishing contact between the CHARTER and the USER. The SERVICE PROVIDER is not liable for failure of service performance or for the exact execution of services that are part of the agreement between CHARTER and the REGISTERED USER. Each CHARTER remains liable for the entirety and accuracy of the information (including pricing and availability) advertised on the WEBSITE.
3.3. As a REGISTERED USER you agree and understand that an agreement regulating each RESERVATION exists between an individual CHARTER and you as REGISTERED USER. If you make a RESERVATION with individual CHARTER through the WEBSITE, in the next step you call on RESERVATION CONFIRMATION and you will be bound by it, and with terms and conditions of the RESERVATION which will be applied on that RESERVATION with individual CHARTER, in terms of payment, cancellation and other issues.
3.4. REGISTERED USER enters into a direct contractual relationship with CHARTER who will provide the service. If the RESERVATION of these services will be completed on the WEBSITE, the user will get a written agreement from the CHARTER which will regulate all aspects relating to the services which is providing. SERVICE PROVIDER will not be a party to these treaties and may not be bound by their terms and conditions.
3.5. If you as a REGISTERED USER cancel RESERVATION please note that the refund may not happen at all, depending on CHARTER‘s provisions and rules of cancellation and RESERVATION The SERVICE PROVIDER shall not be liable if CHARTER refuses to return funds to REGISTERED USERS. Therefore, REGISTERED USERS are asked to see the conditions of each CHARTER before RESERVATION.
4.1. For payments via WEBSITE we use a payment gateway of the company https://www.mangopay.com (hereinafter PAYMENT PROVIDER).
4.2. Upon successful completion of the RESERVATION, funds will be pre-authorized from the REGISTERED USER in the amount outstanding on the WEBSITE at the end of the RESERVATION, if the means of payment is card. Within 24 hours CHARTER will accept or reject the request for a RESERVATION. If CHARTER accepts the request for a RESERVATION then card of a REGISTERED USER is charged for pre-authorized funds. If CHARTER does not accept the RESERVATION then pre-authorized funds are returned to the card of REGISTERED USER.
4.3. REGISTERED USER can pay in other ways besides the card, for example, by bank transfer but only via PAYMENT PROVIDER and only for RESERVATIONS which registration (check in) is less than 14 days since the day of RESERVATION. If the bank transfer payment method is selected, then the REGISTERED USER must pay via PAYMENT PROVIDER. Payment by bank transfer must occur within 5 business days in Croatia.
4.4. Payment of full fee for RESERVATION via PAYMENT PROVIDER by REGISTERED USER should be performed as specified below:
For RESERVATIONS, which have more than 30 days till application (check-in): REGISTERED USER has a choice, either to pay 100% of the full fee for RESERVATION immediately upon approval of certain RESERVATION by CHARTER, or to pay 50% of the full fee for RESERVATION immediately upon approval of certain RESERVATION by CHARTER, and the remaining amount to pay at least 30 days before the date of application (check in).
4.5. For RESERVATIONS where the check-in (check in) is less than 30 days: REGISTERED USER will be required to pay 100% of the fee for RESERVATION (unless otherwise agreed between CHARTER and the REGISTERED USER).
Cancellation of RESERVATION is possible only within 24 hours of ordering. The subsequent cancellation of the booking will not be accepted.
The Contracting Parties agree to amicably resolve any disagreement or dispute between them arising in connection with these terms and conditions, and if they fail, actual jurisdiction of the court of Zlatar is determined, Krapina Zagorje County, Croatia.
SERVICE PROVIDER, reserves the right, at any time, without prior notification of the REGISTERED USER, to change any part of these terms and conditions of use.