2. Scope of service
Through its website Sailogy provides an online platform through which charter operators can advertise their boats for reservation, and through which visitors to the website can make such reservations. By making a reservation through Sailogy, the User enters into a direct contractual relationship with the charter operator at which he/she books. Sailogy acts solely as an intermediary between the User and the charter operator, transmitting the details of the reservation to the relevant charter operator and sending the User a confirmation email for and on behalf of the charter operator. When rendering its services, the information that Sailogy discloses is based on the information provided to Sailogy by the charter operators. As such, the charter operators are fully responsible for updating all rates, availability and other information which is displayed on the Website. Sailogy is only responsible for establishing contact between the final service provider and the User. Sailogy shall not be responsible for the non-performance or exact and compliant performance of those services that fall under the scope of the contract between the final service provider and the User. Each charter operator remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates and availability) displayed on Sailogy website. Sailogy Website 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 User will engage in direct contractual relationship with the charter operator that will provide the service. Once the booking of such services will be completed on the website, you will receive a formal yacht rental contract from the charter operator which will regulate all aspects related to the services provided. The User expressly acknowledge that by making a reservation on the website the User will enter into a direct relationship with the charter operator and that Sailogy acts as an intermediary with the purpose of allowing such direct relationship to take place.
3.2 Sailogy shall also have the obligation to charge the User the price of the services contracted via the website. Sailogy will receive the payment made by the User in the name and on behalf of the charter operator that will provide the service, including all additional services as indicated by the Users in the Booking Form on the Website. Sailogy will transfer the funds to the charter operator according to the conditions established with each charter operator.
3.3 Sailogy will provide the Customer with confirmation of acceptance of the contracted services immediately after payment for such services will be completed according to the conditions stated on the Website. A confirmatory voucher will also be sent to the email address provided by the Customer for this purpose, within 24 hours after payment is completed.
3.4 The User 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 offered by us and to ensure that this information is kept up to date. The User also expressly undertakes to provide the final provider of the contracted service with all details and information that may be requested for the correct provision of the service in question. The Users authorizes Sailogy to verify the truthfulness of the personal data and any other information provided and undertakes to cooperate with Sailogy during such verification.
3.5 The User is responsible for the full payment of the services contracted, respecting the procedure, periods and quantities stipulated on the website.
3.6 The User expressly acknowledges that he/she is obliged to make use of these services in a correct manner and in compliance with any applicable laws, regulations and according to the present General Terms and Conditions. The User accepts all responsibilities that may result from an incorrect use of the contracted services.
6.1 Hyperlinks. Sailogy accepts no liability for the content, commercial activities, products or services that may be viewed by accessing external links on the Website, either directly or indirectly. Sailogy shall not be held responsible for any actions deriving from the use of hyperlinks on the Website or for the consequences of accessing these links.
6.2 Disclaimer. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events). However and to the extent permitted by law, neither we nor any of our 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 site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, 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 website, (iii) the services rendered or the products offered by the boats, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, 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 User, 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 our control.
6.3 The User undertakes to use the website, its functions and the service for lawful purposes and according to the present General Terms and Conditions. Particularly, the User undertakes neither to send or spread, through the website and its functions, illicit, defamatory, vulgar, obscene, abusive or disturbing content, nor to use the website and its functions to perform any acts which could cause damage to the image and reputation of Sailogy or any other loss or damage to Sailogy.
Moreover, the User 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.
6.4 Jurisdiction. To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Swiss law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Lugano, Switzerland.