Sailing-DNA User Agreement
Your utilization of this interface is subject to the following assurances: (i) you are of 18 years of age or older; (ii) you are legally capable of entering into enforceable contracts. Sailing-DNA.com maintains the authority to refuse access to anyone to this interface and the facilities we provide.
The following user agreement, subject to periodic revisions, governs all of our services, whether accessed directly or indirectly (via partners), made available online, on mobile devices, via email or telephone. Your access, navigation, and use of our website or any of our applications across any platform (collectively, the “platform”), or the completion of a booking signifies your comprehension and agreement with the user agreement mentioned herein (including the privacy and cookies policy).
These webpages, their content, and the infrastructure, along with the online boat booking service facilitated through the platform (the “service”), are the property of Sailing-DNA.com, and are intended for your personal, non-commercial usage, in accordance with the user agreement herein.
Our Facilities
We (Sailing-DNA.com and our affiliate partners) offer an online platform via the platform where various types of boat operators (like charters, marinas, individual boat owners, travel agents, collectively the “boat provider(s)”), can list their boats for rent, and where platform visitors can make such rentals. When you rent through Sailing-DNA.com, you form a direct, legally enforceable contract with the boat provider from whom you are renting. Post your booking, we serve only as a facilitator between you and the boat provider, transmitting your booking details to the appropriate boat provider and sending you a booking confirmation email on behalf of the boat provider.
When displaying our services, the data we show is based on the information we receive from boat providers. Consequently, boat providers have access to an online system where they are solely responsible for updating rental price, availability, and other data displayed on our platform. Despite our best efforts, we do not validate and cannot guarantee the accuracy, completeness, or correctness of all information. We cannot be held accountable for any errors (including typographical errors), disruptions (due to any temporary or partial malfunction, repair, upgrade, or maintenance of our platform), inaccurate, misleading or false information, or non-provision of information. The boat provider remains responsible for the accuracy, completeness, and correctness of the information (including rental price and availability) displayed on our platform.
Our services are strictly for personal and non-commercial use. Therefore, it is prohibited to use, copy, sell, display, or reproduce any content, products, or services available on our platform for any commercial or competitive activity.
Pricing
All prices on the Sailing-DNA.com platform are per boat for your entire booking, inclusive of VAT and all other taxes, unless otherwise stated. You are advised to check the rental details carefully for any such conditions before making your booking. Obvious errors and mistakes (including misprints) are not binding. Our service is provided free of charge, and we will not charge you for our service or add any additional commission to the boat rental price. Boat providers pay a service fee (a small percentage of the boat rental price) to us after you have paid the rental price.
Privacy and Cookies
Sailing-DNA.com respects your privacy. For more information, please refer to our privacy policy.
Payment
Boat providers may require the rental price (in full or part) to be paid in advance to secure bookings. You will be asked for a guarantee during the booking process. Payment is securely transferred from your credit/debit card or bank account to the boat provider's bank account via a third-party payment processor. We advise you to check the payment conditions in the rental details before finalizing your booking.
Cancellation
By booking through our platform, you accept and agree to the relevant cancellation policy of the boat provider, and any additional terms and conditions that may apply to your booking, including services and/or products offered by the boat provider.
The boat provider’s specific terms and conditions can be obtained from the relevant boat provider. The cancellation policy is displayed on our platform on each individual booking page, during the booking process, and in the confirmation email. Please note that certain bookings may not be eligible for cancellation or modification.
Please check the booking details for any such conditions before making your booking. We recommend that you carefully read the cancellation and payment policy of the booking before making your booking and ensure timely payment. Please note that a booking may be cancelled (without prior notice) if the relevant (remaining) booking amount cannot be collected on the relevant payment date in accordance with the relevant payment policy of the booking. Late payment, incorrect bank, debit or credit card details, invalid credit/debit cards, or insufficient funds are your own responsibility, and you shall not be entitled to any refund of the prepaid amount unless the boat provider agrees otherwise. If you wish to view, modify or cancel your booking, please refer to the instructions in the confirmation email.
To submit a claim, please contact Sailing-DNA on info@sailing-dna.com
Correspondence
By completing a booking, you agree to receive (i) an email from us, giving you information on your booking and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your booking and destination, and (ii) an email that we send to you after completing your booking inviting you to leave your review.
Reviews
Your review may be uploaded onto the booking listing’s page on our platform for the purpose of informing (future) bookers of your opinion of the service quality. We reserve the right to adjust, refuse, or remove reviews at our sole discretion.
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 due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking 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 directors, employees, representatives, subsidiaries, affiliated companies, or others involved in managing the platform and its contents shall be liable for (i) any punitive, direct, indirect, consequential, or punitive loss or damages, any loss of production, profit, revenue, contract, loss of or damage to goodwill or reputation (ii) any inaccuracies relating to the (descriptive) information (including booking price, availability) of the listings as made available on our platform, (iii) the services or products offered by the boat provider or other business partners, (iv) any (direct, indirect, consequential, or punitive) damages, losses or costs suffered, incurred, or paid by you, arising out of or in connection with the use, inability to use, or delay of our platform, or (v) any injury, death, property damage, or other (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, 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 service provider or any of our other business partners (including any of their employees, directors, representatives, or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the platform, including any cancellation, overbooking, strike, force majeure, or any other event beyond our control.
Intellectual property rights
Unless specified otherwise, the software required for our services or available at or used by our platform and the intellectual property rights (including the copyrights) of the contents and information on our platform are owned by Sailing-DNA.com.
Sailing-DNA.com exclusively retains ownership of all rights, interests, and (all intellectual property rights) the look and feel of the website on which the service is made available (including translated content), and you are not entitled to copy, scrape, publish, promote, or otherwise use the content (including any translations and the reviews) or our brand without our written permission. Any unlawful use or behavior will constitute a significant infringement of our intellectual property rights.
Miscellaneous
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 Croatian law, and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Croatia.
If any provision of these terms and conditions is or becomes invalid, unenforceable, or non-binding, you shall remain bound by all other provisions. In such an event, such an invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
