Updated on the 20th of April 2022
1.1. This website - also available on mobile application - with domain name https://www.master-yachting.de/ (the “Website”) is owned by Sailogy S.A., with registered office in Chiasso (Switzerland), Via Valdani n. 1, VAT and tax code CHE-436.833.413 (hereinafter, “Sailogy”).
1.2. Sailogy offers to Users (as defined below) boat Charter services focused on the use of sailing and/or motor boats, together with other related services and products. In particular, Sailogy proposes itself as an aggregator of the offer of various professional operators in the rental and/or leasing of boats with which it has signed specific partnership and/or collaboration agreements (“Charter Operators”).
1.3. In addition to the terms and expressions defined elsewhere in these Terms and Conditions (as defined below), the following terms and expressions, which are capitalized, shall have the meaning ascribed to each of them in this Paragraph 1.3:
“Account” means the account created by the User by accessing and registering with his/her credentials in the reserved area of the Website;
“Advertisement” shall have the meaning set forth in the following Paragraph 4.2(ii);
“Agreement” shall have the meaning set forth in the following Paragraph 5.4;
“Boat Charter Service” shall have the meaning set forth in the following Paragraph 4.2(ii);
“Boat Option Fee” means the amount - equal to 9,00 Euros (nine/00) - requested by Sailogy to the User in order to option and lock the boat selected and requested with the Booking Form up to 48 (forty-eight) hours from the payment; this amount will be deducted from the Boat Price in case the Agreement is executed, while it will be kept by Sailogy as option fee in case the Agreement is not executed;
“Boat Price” means the price shown in each Advertisement for chartering and/or leasing the boat in the period and at the destination selected by the User; the Boat Price includes only the price for chartering and/or leasing of the boat selected by the User to the exclusion of any other cost, unless otherwise stated in the Advertisement (it does not include, by way of example, the cost of the boat’s place in the port or the cost of fuel);
“Booking Assistance Service” shall have the meaning set forth in the following Paragraph 4.2(i);
“Booking Form” means the online form to be filled in by the User - and/or automatically generated by the Website on the basis of the information and data entered by the User - containing, among other things, (i) the information relating to the User, (ii) the summary of the booking request for Sailogy Services (including, by way of example, the boat, the place of departure and end of the Charter, as well as the requested Package Services) and any Extra Services;
“Charter” means the charter and/or lease of the boat covered by the Agreement offered and executed by the Charter Operator; the Charter, unless otherwise agreed in the Agreement, runs from the entering into of the Agreement until the redelivery of the boat;
“Charter Operators” shall have the meaning set forth in Paragraph 1.2 above;
“Confirmation Voucher” means the acceptance - after the availability of the requested Sailogy Services has been verified - of the booking request for the Sailogy Services and of any Extra Services mentioned in the Booking Form, following which the booking and the commitments mentioned in the following Paragraph 5.4 shall be considered finalized;
“Content” shall have the meaning set forth in the following Paragraph 14.1;
“Customer” shall have the meaning set forth in the following Paragraph 5.4;
“Down Payment” shall have the meaning set forth in the following Paragraph 6.1;
“Extra Services” shall have the meaning set forth in the following Paragraph 4.6;
“Packages” shall have the meaning set forth in the following Paragraph 4.2(iii);
“Package Price” shall have the meaning set forth in the following Paragraph 4.4;
“Package Services” shall have the meaning set forth in the following Paragraph 4.2(iii);
“Sailogy” means Sailogy S.A., with registered office in Chiasso (Switzerland), Via Valdani n. 1, VAT and tax code CHE-436.833.413;
“Sailogy Services” means jointly the Booking Assistance Service, the Boat Charter Service and the Package Services grouped in the different Packages;
“Terms and Conditions” means these terms and conditions governing, among other things, (i) the use of the Website and (ii) the provision of Sailogy Services;
“Total Price” means the result given by the algebraic sum of the Boat Price and the Package Price plus, in certain cases, the price of Extra Services;
“User” means any user of the Website, natural or legal person, who browses the Website and/or creates an Account;
“Website” means this website with domain name https://www.master-yachting.de
2. Terms and Conditions
2.1. By browsing the Website and/or registering and creating an Account, as well as accessing or using Sailogy Services - via a mobile application or computer - the User acknowledges and agrees to enter into a binding agreement with Sailogy and, therefore, to be bound by:
i. these Terms and Conditions;
3.1 In order to purchase and use Sailogy Services, the User must first create an Account by following the guided procedure on the Website. By registering and creating an Account, the User accepts:
i. to be responsible for all activities and actions that may occur and, in general, for anything that may happen through the Account, unless the User deletes it or immediately reports any misuse to Sailogy;
ii. to receive notices and messages from the Company, either through the Website or through any other contact information the User has provided during registration (including, without limitation, e-mail address and telephone number). The User acknowledges that if his or her contact information is out of date, he or she may not receive important notices. The User may change his or her settings to control and limit the notices and messages from Sailogy;
iii. that Sailogy reserves the right to restrict the User’s use of the Website and/or the Sailogy Services provided through it;
iv. that Sailogy reserves the right to limit, suspend or even terminate the User’s Account in case of (a) breach of the Terms and Conditions, (b) breach of any applicable law or (c) misuse of the Sailogy Website and/or Services.
3.2. The User declares and warrants to be of age and to have full capacity to act and in any case to be entitled to enter into this Agreement. By creating an Account and using Sailogy Services, the User represents and warrants:
i. to create an Account with the User’s real name;
ii. to keep the access credentials confidential and to be fully responsible for any activity the User engages in with the access credentials;
iii. that Sailogy has not previously prevented the User from using the Website;
iv. not to use false information when creating an Account and not to disclose untrue or otherwise misleading information when using the Sailogy Website and Services;
v. to comply with and abide by these Terms and Conditions and any applicable laws.
4.1. Through the Account, the User may purchase and use the Sailogy Services.
4. Sailogy Services
4.1. Through the Account, the User may purchase and use the Sailogy Services.
4.2. In particular, Sailogy offers Users the possibility to:
i. make use, prior to the rental, of a telephone booking assistance service - on the days and at the times indicated on the Website - by a team of specially dedicated consultants (“Booking Assistance Service”);
ii. view, by means of the advertisements published on the Website (“Advertisements”), the aggregate data of the boats made available by the Charter Operators - according to the period, destination and itinerary chosen by the User - and which can be booked; the User may then be put in contact - according to the terms and procedures established by Sailogy and referred to in the following Paragraph 5.5 - with the Charter Operators in order to finalize, with the latter, a Charter and/or leasing agreement for the boats belonging to the Charter Operators’ fleet (“Boat Charter Service”); and, in addition,
iii. purchase packages (“Packages”) which include the offer and provision of different levels of services (“Package Services”); such Package Services may be provided, depending on the case and subject to availability, directly by Sailogy or by third parties; the subject which will provide the Package Services will be communicated to the Customer in due time to be able to use the relevant service; the Packages have different prices depending on the Package Services they cover;
(collectively, the “Sailogy Services”).
4.3. Each Advertisement published on the Website relating to a boat provides the User with:
i. the information related to the boat object of the selected Advertisement;
ii. the technical characteristics of the boat and the equipment available;
iii. the location of the boat;
iv. an indicative calendar of the dates when the boat is available;
v. the relative Boat Price for the Charter of the boat itself;
vi. the terms and methods of payment of the Boat Price and Package Price; Down Payment may be required for some Sailogy Services.
4.4. The Packages the User may purchase are those available from time to time on the Website and each include the Package Services listed from time to time on the Website at the time of booking. The price of each Package is the one listed on the Website at the time of booking (“Package Price”).
4.5. The Advertisements do not constitute an offer to the public of Sailogy Services and are subject to availability.
4.6. In addition and provided that the Sailogy Services have been purchased, the User has the right to purchase and/or book on the Website - during the booking phase as described in the following Paragraph 5 - some extra services (e.g. transfer to the port, beach towels, sport sailing) which will be provided by the Charter Operator and/or third parties (“Extra Services”). The Extra Services available, and the relevant prices, will be those indicated on the Website from time to time. In some cases the Extra Services will have to be paid directly to the provider of the service, in other cases to Sailogy as an integration of the Total Price. The provider of the Package Services will be communicated to the Customer in due time in order to take advantage of the relevant service.
5.1. Once the User has selected the boat, the Package of interest and any Extra Services, he/she will see the estimate of the Total Price (together with a summary of the terms and conditions of payment). The User is then requested to (i) fill in the Booking Form for the reservation request, (ii) insert the data of a credit and/or debit card to guarantee the payment of the Total Price and (iii) pay the Boat Option Fee, if any.
5.2. Sailogy will verify (i) with the Charter Operator concerned the actual availability of the requested boat, as well as (ii) the actual availability of the Package Services subject to the selected and requested Package.
5.3. Within 48 (forty-eight) hours from receipt of the Booking Form and, if applicable, from the payment of the Boat Option Fee, Sailogy will send the User the Confirmation Voucher if the Charter Operator confirms the availability of the requested boat. Should Sailogy not be able to confirm the boat requested in the Booking Form within the same deadline, Sailogy will promptly inform the User through the contact information provided during the Account creation process and will refund the User the Boat Option Fee and the other amounts mentioned in the following Paragraph 6.1. The refund will be made using the same means of payment used by the User for the initial transaction.
5.4. The Booking Form, following receipt by the User of the Confirmation Voucher, constitutes an integral part of these Terms and Conditions. With the receipt of the Confirmation Voucher, the following shall be considered finalized: (i) the User’s (and therefore the “Customer”) commitment to enter into with the Charter Operator the charter and/or rental agreement for the boat requested with the Booking Form, on the dates and at the place of departure of the Charter (the “Agreement”), (ii) the purchase by the Customer of the Package Services requested with the Booking Form, (iv) the purchase and/or booking of any Extra Services and (v) the Customer’s commitment to pay the Total Price.
5.5. Following the Confirmation Voucher, the Customer will receive the contacts of the interested Charter Operator, as well as the necessary information to reach the boat on the date and at the place selected and requested with the Booking Form. The Customer acknowledges and accepts that such contacts and information will be communicated within the terms established by Sailogy (in due time before the Charter and anyway after the payment of the Total Price). The Customer may ask Sailogy - through the Website or through the contact information mentioned in the following Paragraph 16.3 - a copy of the draft Agreement to be entered into with the Charter Operator in order to examine it. In this case, a copy of the draft Agreement will be sent to the Customer within the terms established by Sailogy in due time before the Charter and in any case after payment of the Total Price and/or the Down Payment (where applicable).
5.6. The Customer has the right to withdraw from the reservation referred to in the preceding Paragraph 5.4 within 24 (twenty-four) hours from the payment of the Total Price (or, in case the possibility to proceed with the payment of the Total Price in more than one instalment is envisaged, within 24 (twenty-four) hours from the payment of the Down Payment). In this case, Sailogy will refund the amount paid without further charges and/or penalties, except for the Boat Option Fee which will be retained by Sailogy. Once the period referred to in this Paragraph 5.6 has elapsed - without prejudice to the provisions of the following Paragraph 5.7 - or in the event that the beginning of the rental and, therefore, the entering into of the Agreement is prior to the expiry of the 24 (twenty-four) hours period, the Customer may no longer withdraw from the reservation referred to in Paragraph 5.4 above and will be required to pay the Total Price even if he/she does not use any of the Sailogy Services (including any Extra Services).
5.7. In some cases, Sailogy may provide different cancellation policies for the Customer compared to the standard ones set out in the previous Paragraph 5.6 (based on the cancellation policies proposed and applied by the Charter Operators). Such cancellation policies, where applicable, are indicated on the Website at the time of selection of the boat and of the Package Services and include (i) the terms within which the Customer has the right to withdraw from the reservation referred to in the preceding Paragraph 5.4, as well as (ii) the amounts that the Customer must pay as a penalty depending on the period within which he/she cancels the reservation. In such cases, therefore, the Customer will have the right to withdraw from the reservation referred to in the Paragraph 5.4 above within the terms established by the cancellation policy and Sailogy will refund the Total Price paid by the Customer reduced by the amounts due by the Customer as penalty. However, it is understood that the Boat Option Fee will in any case be retained by Sailogy.
6.1. The terms of payment of the Boat Price, the Package Price and the eventual Extra Services are those mentioned from time to time on the Website once the boat, the Package of interest and any Extra Services have been selected, as summarized in the Booking Form. The payment terms may provide for the payment of the Total Price in several instalments and, in particular, the payment of an advance calculated as a percentage of the Total Price (“Down Payment”); this circumstance is indicated in the relevant Advertisement. The amount of the Down Payment may vary depending on the advance payment period with which the reservation is made. These payment terms are essential for Sailogy; in case of failure to comply with these payment terms, the Sailogy Services will not be provided. The Customer acknowledges and accepts that the payment terms may provide for the payment of all or part of the Total Price prior to the entering into of the Agreement.
6.2. The Customer may make payments of the Boat Price and the Package Price by credit card, PayPal and/or, if provided in the Advertisements, by wire transfer.
6.3. The Customer authorizes Sailogy to make a withdrawal/debit request of the Boat Price and the Package Price (including, where applicable, the Down Payment), through the credit and/or debit card inserted by the Customer, in the payment terms set forth in the preceding Paragraph 6.1. In the event that, for any reason whatsoever, the charging of the amounts due by the Customer proves impossible, the Sailogy Services will not be provided.
6.4. In no case Sailogy shall be held responsible for any fraudulent and/or undue use of the credit card or PayPal by third parties at the time of the payment.
6.5. In addition to the Total Price, the Customer acknowledges and agrees to pay the Charter Operator, where applicable, a security deposit, parameterized on the Boat Price at the Charter Operator’s sole discretion, at the time of entering into the Agreement. Refusal to pay the security deposit makes it impossible to proceed with the Charter. In no case, in the event of refusal to pay the security deposit, Sailogy will be required to refund the Total Price or to pay indemnities and/or compensation of any kind.
6.6. The Customer acknowledges and accepts that the invoicing methods of the Boat Price and of the price of any Extra Services may vary according to the agreements Sailogy has entered into with the individual Charter Operators and/or with the third parties providing the Extra Services.
7. Conditions applicable to Sailogy Services
7.1. Except as otherwise set forth and agreed to in the Agreement, Customer acknowledges and agrees that:
i. the skipper, in case the Customer has purchased this service, is selected by the Charter Operator, directly or through external agencies or Sailogy’s partner companies. The skipper has the sole task of maneuvering the chartered boat and ensuring a safe navigation. He/she will not take care of cleaning or preparing meals and will occupy one of the cabins of the chartered boat;
ii. unless otherwise indicated in the Advertisement, it is not possible to plan an itinerary outside the starting and ending point of the Charter as indicated in the Booking Form. The skipper, in case the Customer has purchased this service, reserves the right to plan and determine the route together with the Customer on the basis of weather conditions, safety and practicability of the routes depending on the time available and/or other circumstances not previously planned. Sailogy is not responsible for any changes to the proposed itineraries;
iii. unless otherwise indicated in the Advertisements, the berths for the nights of duration of the Charter are not included in the Total Price. With the consent of the skipper, in case the Customer has purchased this service, which will evaluate at its sole discretion the weather and seabed conditions, the Customer has the possibility to sleep in a roadstead, or, to spend the night in a protected bay for free.
8. Customer Commitments
8.1. The Customer undertakes:
i. to fill in the Booking Form by providing correct data and information to allow their identification and the correct assessment of their needs;
ii. to fulfill all the obligations provided for in the Booking Form and in the Confirmation Voucher;
iii. to enter into with the Charter Operator the Agreement regarding the boat requested with the Booking Form, on the dates and at the place of departure of the Charter;
iv. at the same time of the entering into of the Agreement, to carry out an inspection of the state of the boat - together with the Charter Operator (or its representative) - and to draw up a document which shall be as detailed as possible (with photographs and supporting comments) and undersigned by both parties;
v. to raise, under penalty of forfeiture, any objections relating to differences between the boat and the one requested by means of the Booking Form, at the same time as the verification of the boat’s condition as per Paragraph 8.1(iv) above, promptly informing Sailogy through the Website and/or via e-mail at [●];
vi. simultaneously to the online check-in procedure on the Website, to provide correct information by and under the responsibility of the Customer;
vii. to fulfil any obligations and commitments assumed by entering into the Agreement, as well as to comply with the regulations applicable in the context of the Charter;
viii. to pay to the Charter Operator and/or third party service providers, the price of any Extra Services where not already included in the Total Price;
ix. use the boat as a “good family man” for recreational navigation, within the framework of the maritime and customs legislation in force, excluding any commercial operation, professional fishing, transport, towing or other nature.
9. Limitations of liability
9.1. Sailogy remains a third party with respect to the Agreement and/or with respect to the services provided and supplied by third parties. Therefore, Sailogy cannot be held responsible in any case for any breach of the Agreement by the Charter Operator.
9.2. Sailogy is in no way responsible for and does not encourage any collaboration or choice in the context of the provision of the Booking Assistance Service. Any relationship established with the Charter Operator, as well as the purchase of Packages, constitutes a free decision left to the personal and discretionary evaluation of the User.
9.3. Sailogy is in no way responsible and will not be obliged to refund the Total Price (nor to pay indemnities or other forms of compensation) in case the Customer cannot enter into the Agreement and/or use the Package Services purchased due to inaccurate information at the time of sending the Booking Form (by way of example but not limited to, boat unsuitable for the actual number of passengers, lack of qualifications, titles and/or permits required for the Charter).
9.4. Sailogy does not issue any form of representation and/or warranty, expressed or implied, that the Charter provided by the Charter Operator will be suitable to satisfy the Customer’s needs and/or will be free from disservices, unforeseen events, variations and/or cancellations and, therefore, in no case, Sailogy will be held responsible for the non-performance or partial performance of the obligations and services set forth in the Agreement. In particular, the Customer acknowledges and accepts that possible adverse weather conditions could prevent the navigation of the boat and therefore the Customer will have to stay moored in the port even for the entire Charter; in this case the Customer will not be able to ask for the refund of all or part of the Total Price.
9.5. Within the limits established by the regulations applicable from time to time, the User (including the Customer) acknowledges and agrees that under no circumstances may Sailogy be held liable for damages (direct, indirect, consequential and/or punitive) which may be caused to the User and/or the Customer or to third parties by reason of omissions, breaches, misrepresentations, negligent administration or negligence due to facts, acts or statements attributable directly or indirectly to the Charter Operator (and/or its employees, collaborators, agents, representatives, affiliated companies), including cancellations (even partial), overbooking, strikes, force majeure or any other event beyond Sailogy’s control.
9.6. Within the limits established by the legislation applicable from time to time, under no circumstances shall Sailogy be liable to the User (including the Customer) for loss of profit or loss of opportunity, or for indirect or consequential costs or damages arising from failure to comply with the obligations of the Charter Operator and/or third parties providing and delivering the purchased Package Services and/or Extra Services.
9.7. All the information published in the Advertisements (including any images) and viewable by the User on the Website correspond exclusively to the images and information provided by the Charter Operator to Sailogy and, therefore, the User acknowledges and accepts that Sailogy has no control over the accuracy and truthfulness of the same. Sailogy makes no representations and warranties and assumes no responsibility towards the User that the information (including any images) published in the Advertisements correspond to the actual condition of the boats covered by the Agreement. The Charter Operator shall, therefore, be solely responsible, among other things, for the accuracy, completeness and truthfulness of the information (including images) displayed on the Website.
10. Sailogy Website and Services Update
10.1. Sailogy aims to constantly improve the Sailogy Services in order to offer Users additional functionalities of the Website, by adding new features, products and/or services or by removing old ones. Sailogy is from now on authorized to make such changes without having to inform the User in advance. In any case, the changes will not apply in relation to Sailogy Services for Customers who, at the time of the change, have already received the Confirmation Voucher.
10.2. The User (including the Customer) acknowledges and agrees that Sailogy may, at any time and at its sole discretion, completely suspend any function of the Website and Sailogy Services, for a limited period of time, in order to make improvements or for maintenance purposes.
10.3. By submitting suggestions or feedback to Sailogy regarding the Website and/or Sailogy Services, the User acknowledges and agrees that Sailogy may use and share such feedback for any purpose without compensation to the User.
11. Denial of warranty
11.1. To the maximum extent permitted by applicable law, Sailogy makes no representations or warranties, whether express or implied, concerning the Website and its functionality and cannot guarantee that it will be uninterrupted or error-free. Sailogy provides the functionality of the Website on an “as is” and “as available” basis.
11.2. Sailogy shall not be responsible for any interruptions, malfunctions or defects in the Website. Sailogy does not warrant that such interruptions, malfunctions or defects will be promptly corrected, or that the Website will be free of viruses or harmful components.
11.3. The Website may contain advertising and/or promotions of services and products offered by third parties, including links to other websites. Sailogy is not responsible for such services and products, nor for external websites or resources. If the User, as a result of such advertisements and promotions, chooses to interact with third parties, the terms and conditions of such third parties will govern their relationship with the User.
12.1. In case of non-fulfilment of even only one of the obligations under these Terms and Conditions and/or in case of non-fulfilment and/or termination of the Agreement due to the Customer’s fault, Sailogy will be entitled to terminate these Terms and Conditions and will not be obliged to provide the Sailogy Services, without prejudice, in any case, to compensation for any greater damage.
13. Indemnity and Compensation of Users
13.1. The User (including the Customer) agrees, to the fullest extent permitted by applicable law, to indemnify and hold harmless Sailogy - including, but not limited to, its directors, employees and contractors generally - from and against any and all claims, demands, actions, damages, losses, costs, liabilities and expenses, including attorneys’ fees, due to, or arising out of, the User’s improper or non-compliant use of these Terms and Conditions and/or applicable law of the Website and/or Sailogy Services.
14. Copyright and Intellectual Property
14.1. The term “Website” also includes, but is not limited to, the software, layout, structure and organization of the contents of the Website itself, as well as any material reproduced and/or made available to the User therein, including, in particular, the collection and organization of data and information, photographs, images, illustrations, text, video clips, musical compositions, audio clips, designs, distinctive signs, logos, trademarks, or any other material reproduced and/or made available through the Website (“Content”).
14.2. The Content displayed on the Website is protected and is owned by Sailogy or is legally available. All rights on it, internationally, are reserved.
14.3. In particular, all trademarks, trade names, logos, designs and other distinctive signs reproduced on the Website, even if not registered, are trademarks owned by Sailogy or under its legitimate and exclusive availability.
14.4. The User may not do any of the following, in any form and/or by any means and for any purpose, in whole or in part, with respect to the Website, any Content on the Website or any related software: reproduce (except for reproduction for personal and non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and/or use derivative or derivative works, sell or participate in any sale.
14.5. Downloading or copying, where authorized in writing by Sailogy, does not imply the acquisition by the User of any right, title or interest in the Content or software.
14.6. Any use of the Website and/or of the Content not expressly permitted under these Terms and Conditions is prohibited. The failure of Sailogy to seek any remedy, whether judicial or extrajudicial, does not constitute in any case a tacit consent or tolerance with respect to any infringement of intellectual property rights of which Sailogy has the ownership and/or availability.
15. Applicable law and jurisdiction
15.1. These Terms and Conditions are governed by and construed in accordance with the laws of Switzerland (excluding the application of Swiss rules of international private law and international conventions and treaties entered into by Switzerland), without prejudice to the application of any other mandatory provisions of the law of the place where the User who is a consumer is domiciled or resident.
15.2. Any dispute arising out of this Agreement, if not settled out of court, shall be referred to the exclusive jurisdiction:
i. in case the User is a consumer, of the ordinary Court of Sailogy, without prejudice to the competence of a different court under the applicable law of the place where the User resides or is domiciled;
ii. if the User is a legal person or a professional, of the ordinary Court of Sailogy.
16. Final Provisions
16.1. Severability. If at any time any provision of these Terms and Conditions becomes illegal, invalid or unenforceable under the laws of any jurisdiction, it will not affect or impair (i) the legality, validity or enforceability of the remaining provisions of these Terms and Conditions, or (ii) the legality, validity or enforceability of such provision under any other jurisdiction.
16.2. Tolerance. Any tolerance by Sailogy of any conduct in breach of these Terms and Conditions shall not constitute a waiver of Sailogy’s rights under these Terms and Conditions.
16.3. Notices and Contact Information. All notices and communications relating to these Terms and Conditions and necessary to enforce them shall be made in writing to the following addresses:
i. if addressed to Sailogy:
Via Valdani n. 1, 6830 - Chiasso (CH)
Phone: +41 (0) 91 6820 539
ii. if addressed to the User and/or Customer:
at the e-mail address provided while creating the Account.
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