The Company ALFAI ltd Charter agency via https://www.sailmenow.com provides boat charter services and other associated services and products, notwithstanding any other commercial activity it may engage in or undertake in the future, either independently or through its subsidiaries or affiliates. ALFAI ltd applies the following general terms and conditions of service and use to their customers and is dedicated to the management of boat charters and of collection of these rentals.
The company is registered with the following details:
Company name: ALFAI ltd
Company address: G.S.RAKOVSKI 145, SOFIA BULGARIA.
E-mail address: firstname.lastname@example.org
Registration details in the Commercial Registry of SOFIA BULGARIA.
Tax Identification Number: VAT: BG203708113
TURIST AGENTS LICENS NO.PK-01-7600
The Website is an online platform with domain name https://www.sailmenow.com, owned and administrated by ALFAI ltd.
The Customer is any individual of legal age or any duly represented legal entity who accepts the terms and conditions of service and use. Acceptance of these terms and conditions is a mandatory requirement for registering as a Customer of any remote service requiring registration, and for contracting any of the services provided by ALFAI ltd via the Website.
Persons under the age of eighteen will not be accepted as Customers. The Customer declares, under his/her sole responsibility, that he/she is over eighteen years of age, and that all of the personal information provided by him/her is true to his/her knowledge. A customer is anyone over 18 years of age, legally empowered to rent a boat, to sign the booking form and accept the present terms of service and use.
The Charter Operator may be the owner of one or several yachts, a charter company, a broker, or an agency which manages yachts.
The Service Fee is the amount that the Charter Operator pays ALFAI ltd for the service provided.
The Payment Provider constitutes the payment system provider that processes the payments on the Website.
Scope of Service and Obligations
ALFAI ltd via the Website provides an online platform through which Charter Operators can advertise their yachts for reservation, and through which visitors of the website sailmenow.com can make reservations. By making a reservation through the Website, the Customer enters into a direct contractual relationship with the Charter Operator through which he/she books.
All the yachts on the Website are offered by ALFAI ltd, which acts as a moderator between the Customer and the Charter Operator, transmitting the details of the reservation to the Charter Operator and sending the Customer a confirmation email for and on behalf of the Charter Operator. The responsibility of ALFAI ltd is limited to bringing into contact the Customer with the Charter Operator, who is solely and directly responsible for the provision of the final service.
ALFAI ltd shall not be responsible for the nonperformance or the incomplete fulfillment of that service that fall under the scope of the contract between the Charter Operator and the Customer, therefore, does not have the obligation to answer in the event of the non-fulfillment. The Charter Operator is obliged to keep ALFAI ltd and their employees indemnified against all claims, actions, costs, expenses due to any disregard or default of the Charter Operator or his employees, agents, licensees or customers in connection with the performance of the services provided or due to the breach of the above warranties.
Charter Operator is fully responsible to post a full description of the yachts through the Website, including the rates for booking, terms, extra services, details, photos and all other significant information regarding the rental. ALFAI ltd cannot guarantee or verify that all the information is correct, precise or complete. Therefore, Charter Operator are the only party responsible for the accuracy of such information and the Customer accepts that any complaint will be made directly and exclusively against the Charter Operator. However, ALFAI ltd informs that all Charter Operators have been requested to provide correct and accurate information concerning the yachts, always according to the standards of the sector. The non-fulfillment of this obligation implies that ALFAI ltd could exclude a Charter Operator from the Website. ALFAI ltd can also examine the Charter Operator’s uploads to the Website and refuse to exhibit contents (full name, company details, logo link to other websites, telephone numbers) that ALFAI ltd reasonably believes that show the Charter Operator’s identity to Customers.
The Charter Operator clearly entrusts ALFAI ltd to collect the rental payment for the contracted service, and block the part of the amount agreed. The security deposit and services, such as other extras will be agreed between the Customer and the Charter Operator and usually charged by the latter and paid at base before embarkation. The Customer firmly accepts the responsibility of ALFAI ltd to formalize the booking of the chosen yacht, and manage the payment of the rental, acknowledging the limitation of its liability. Both the Charter Operator and the Customer agree that ALFAI ltd shall be authorized and entitled to retain the Service Fee from the payment of the rental service.
The Customer expressly acknowledges that by making a reservation on the Website enters into a direct relationship with the Charter Operator that will provide the final service. Once the booking of the requested services will be completed on the Website, the Customer will receive a charter party (legal contract) for the yacht rental from the Charter Operator which will regulate all aspects related to the services provided regarding payment, cancellation policy and other related matters.
The Customer undertakes the obligation to provide accurate and truthful information concerning the details requested in the booking form and in any other form should be completed in order to proceed to an agreement and acquire the services offered by Website. The Customer, also, expressly agrees to concede the Charter Operator of the contracted service with all details and information that might be requested for the correct arrangement of the final service such as Personal details, ID Number, Crew List Details, and Skipper License etc.
The Customer assents to use the Website and its functions for lawful purposes and according to the present General Terms and Conditions. Particularly, the Customer agrees 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 Website or disrupt its function. Moreover, the Customer undertakes the obligation 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.
The Customers are able to search and view the yachts through the Website. They also specify dates and other extra services and fill in all the information required, including personal mandatory data.
Once a booking request is being made, ALFAI ltd will inform the Charter Operator to accept or reject the booking request. If the Charter Operator accepts a booking confirmation, shall be the only responsible party for providing the final service referred to in the booking confirmation.
When the Customer’s booking request is accepted by the Charter Operator, the payment and contract process described below will apply. If a booking request is refused, expires or is cancelled, any pre-authorization of the Customer’s payment card will be automatically released.
In the case when a booking request is accepted, ALFAI ltd provides immediately the Customer with confirmation of acceptance of the contracted services and the yacht is set in an “Option” status for the requested dates for a period of time agreed with the Charter Operator starting from the day of the booking approval in order to guarantee the booking. In such case the Charter Operator considers this yacht as booked and should not proceed with booking it out to any other customer and or other third person for the specific dates.
When the Charter Operator accepts the Customer’s booking request, and a booking confirmation is sent to the Customer, the Payment Provider shall instantly collect a payment from the Customer equal to the booking fee stated on the Website. ALFAI ltd will notify the Charter Operator once a Customer has successfully completed the payment. The Service Provider shall forward the payment, minus the Service Fee and any other expenses that might accrue to the bank account of each Charter Operator within 5 Business Days, according to any other agreements as may be approved between a Charter Operator and ALFAI ltd.
The contract will be completed according to the conditions stated on the Website and will be sent to the Customer for signature. The Customer is obliged to proceed with the payment to ALFAI ltd within the indicated dates, in order to finalize the booking. This legal contract includes all the booking terms and conditions that will apply to that booking with the Charter Operator referring to payment, cancellation policy and other regarding matters.
Once the final service has been provided, the Customer and the Charter Operator acknowledge and agree that ALFAI ltd may request the Customer to rate the final service and can upload the rate on the Website so the rest of the Customers have access to this information.
If the Customer wishes to rent a yacht from a Charter Operator, he/she acknowledges that he/she is obliged to to pay the full booking fee, in the currency which would be permitted by the Payment Provider, including all fees and charges in the booking confirmation agreed and sent by the Charter Operator. In case the Customer does not have to pay the total amount when booking, he shall be required to make more than one installment, from one of the acceptable payment methods listed on the Website within the indicated dates.
For bookings earlier than 30 days from the date of embarkation (check in), the Customer has the possibility to choose either to pay 100% of the full booking fee instantly once receiving the approval of the Charter Operator regarding the booking or to pay 50% of the full booking fee instantly upon the approval of the Charter Operator and the remaining sum to be paid 30 days prior to the date of embarkation (check in). For bookings later than 30 days from the date of embarkation (check in), the Customers will be requested to pay 100% of the full booking fee (unless otherwise agreed between the Charter Operator and the Customer).
Every payment has to be done according to the terms and conditions of the Payment Provider. The accepted payment methods are those made through the payment platform that is set up on the Website by the Payment Provider via debit or credit cards such as Visa, Visa Electron, Master Card, Diners Club and American Express, as well as other means which can be implemented online.
Any discounts provided to Customers from special offers such as voucher tickets will be applied only if the Customer forwards the relevant voucher ticket via email to email@example.com.
In the event that incidences occur in the payment through the Website, ALFAI ltd will accept a bank transfer as an alternative payment method and the Customer shall have 5 (five) Business days to deposit the money into the bank account whose details are indicated on the Website. The Customers realizing a payment via bank transfer are advised to send a proof of payment confirmation as soon as they have executed the payment.
Once, the payment collected by the Payment Provider is well received by ALFAI ltd, ALFAI ltd shall forward the payment to the Charter Operator less the Service Fee within the agreed period of time.
The Customer should take all precautionary measures required to ensure that his password stays secret and to prevent the use or misuse of such sensitive data by any unauthorized person. If a Customer discovers or suspects that his password has become accessible to or has been misused by any unauthorized third party, he/she must inform ALFAI ltd immediately, so that ALFAI ltd proceeds to all necessary actions with the purpose to block the specific account.
If the Customer cancels the booking, the provisions of cancellation policy enter into force. Kindly note that the Charter Operator’s cancellation policy and booking terms define if the refunds will be provided at all. ALFAI ltd will not be liable if the Charter Operator denies refunding the Customer. The Charter Operator and the Customer acknowledge that the Service Fee is non-refundable.
If a Customer decides to change his booking, he needs to contact with the Charter Operator and ALFAI ltd. ALFAI ltd inform the Customers that the Charter Operator is authorized to charge Customers supplementary charges for these changes. Customers also need to consider that the specific Charter Operator may not be able to provide such changes at all.
Customers may cancel their Booking through the Website at any time without any cost prior to Charter Operator's confirmation of the specific Booking.
In the case that the booking has already been approved by the Charter Operator, the Customer can make an application for the cancellation of the Booking via email to firstname.lastname@example.org and it is in the absolute discretion of the specific Charter Operator, and subject to his stated cancellation policy if he will provide any refunds and under which terms.
ALFAI ltd reserves the right to cancel, reject or suspend a booking form in any of the following cases:
a. When duly requested by judicial or administrative authorities.
b. When ALFAI ltd via the Website raises reasonable doubts regarding the veracity of the personal or payment details provided by the Customer and does not receive certifiable proof of the veracity of said details upon request within the period stipulated for this purpose.
The cancellation policy and expenses should be stated in the rental contract (charter party) with the Charter Operator. In case they are not stated or the contract is not signed yet, the cancellation expenses will be the following:
• 50% penalty of the rental amount for cancellations 60 days before departure
• 70% penalty of the rental amount for cancellations 30 to 60 days before departure
• 100% penalty of the rental amount for cancellations less than 30 days before departure
The management cost of the cancellation procedure will be charged with 150€ to the Customer by ALFAI ltd.
ALFAI ltd reserves the right to substitute a boat when the reserved boat is damaged due to unforeseen circumstances, e.g. natural disasters causing water damage, etc. In this instance, ALFAI ltd will provide a boat with an equal or better specification than the boat reserved.
This clause ceases to apply in the case of war, terrorist activities, natural and nuclear disasters or other unforeseen circumstances that could be defined as an Act of God. In this instance, ALFAI ltd is not obliged to pay compensation to the Customer.
ALFAI ltd acknowledges the importance of protecting the privacy and rights of the Customers using its website services and is seriously devoted to processing their personal data in accordance with the principles of transparency, purpose limitation, accuracy, integrity and confidentiality.
Pursuant to the Federal Law of 19 June 1992 on Data Protection (LPD), Article 45 of the Federal Insurance Supervision Law (LSA), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, customers are hereby informed that their personal data is stored and processed by website sailmenow.com according to the methods and for the purposes listed below, in accordance with the methods and purposes allowed by the regulations and laws on personal data protection.
Personal Data means any information such as first and last name, civility, postal address, phone number, e-mail address or any other personal data that identifies an actual person. The personal data is collected via forms, or when the Customer browses the Website. There are some mandatory fields indicated in the forms, in order the Customer to be able to have access to certain services or features of the Website.
ALFAI ltd collects all the necessary information in order to process the customer’s registration or any other orders may make and to provide the services requested. The relevant information is then used by ALFAI ltd, agents and sub-contractors for the provision of the Services in general. Occasionally, ALFAI ltd may give your information to our customer service agencies for research and analysis intentions, for monitoring and improving the services provided.
ALFAI ltd takes protective measures to ensure the confidentiality and security of your personal data and to prevent such data from being damaged, deleted or accessed by unauthorized third parties. Yet, the use of the internet is not completely secure and because of that we cannot guarantee the security of any personal information which is transferred from you via the internet.
The Personal Data of the Customers is accumulated and used to access the services offered on the Website and it is essential that correct and accurate information is provided by the Customers for the following purposes:
1) Reply to Customers’ requests for quotes, information or contact with a purpose to rent a boat, book a cruise or generally benefit from the offering services.
2) Contact for feedback and comments, promotional emails, or special offers.
3) Develop statistics for monitoring, improving and adapting the offering products and services. Usually, these are not information that may be used to identify you.
4) Allow Customers to make an online booking or complete the booking process successfully.
5) Make possible for Customers to create and administrate their profile on the Website.
When using the Website, information may be gathered from your computer or your browser. This information is not collected to identify you personally. Yet, it is such that, as a result of its processing and association with data held by third parties, it might lead to the identification of the Customers. This category of data includes IP addresses or domain names of computers of Customers connecting to the Website, the URIs (Uniform Resource Identifier) of the resources requested, the hour of the request, the method used to submit the request to the server, the size of the file received in response, the number code indicating the status of the response given by the server (successful, mistake, etc.) and other parameters related to Customers' operating systems and computer environments. This data is used only to obtain anonymous statistical information on the use of the Website and verification its proper operation.
The data obtained via cookies, if any, may be used either directly or via companies that cooperate therewith, in order to provide a more accurate service to the Customers and to ensure faster, simple, and more immediate access, use of the service, and navigation of the website sailmenow.com. Data is also collected for marketing and advertising purposes related to the services provided.
However, kindly note that the data may be used to establish liability in case of potential computer crimes damaging the Website.
The majority of web browsers accept cookies but there could be a change in the browser settings so that cookies are not accepted. This may render some of the functions of the Website difficult or impossible to use. By sending a written request via e-mail, the Customer may also proceed to the correction of any incorrect or inaccurate personal data or obtain its cancellation to the extent permitted by law.
The Website https://www.sailmenow.com may include links to other sites. ALFAI ltd 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 and for any actions deriving from the use of hyperlinks on the website or for the consequences of accessing these links. ALFAI ltd does not edit, draft, or supervise these links and pages.
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 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 responsible or 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 information available on the website sailmenow.com (including rates, availability and other extras),
(iii) the final services rendered or the products offered by the Charter Operator operators,
(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 by the Customer, whether due to his own or the Charter Operator ’s operators (its employees, directors, officers, agents, representatives or affiliated companies) acts, errors, breaches, negligence, willful misconduct, omissions, nonperformance, misrepresentations.
(vi) any changes caused by weather conditions, natural disasters, threats of war, force majeure, industrial or labor disputes or any other event beyond our control.
Applicable Law and Jurisdiction