General Terms and Conditions
Updated 1st July 2019
1.1 Sailogy provides a boat charter service and other related products and services (“Sailogy”). Sailogy is a registered trademark of Sailogy S.A., Via Valdani 1, 6830 Chiasso (CH); VAT Number and Tax Code: CHE-436.833.413, email adress firstname.lastname@example.org.
1.2 The customer is any legal person, self-employed person or consumer identified as customer in the Booking Form (the “Customer”), who accepts these General Terms of Service (the “Agreement”) as a whole. All individuals below 18 years of age shall not be considered as users. The Customer hereby represents, under his/her own responsibility, that he/she is an adult (over 18 years of age) and that all personal data provided is true and correct or, if it is incorrect, it has been provided in good faith. The Customer hereby represents and warrants that he/she is legally authorised to sign the Booking Form in his/her name and in the name of any other user he/she legally represents and is aware that by accepting this Agreement he/she also accepts the terms and conditions established herein and specified in the Booking Form.
2.1 In addition to the terms otherwise defined herein, the following terms with capital letter shall have the meaning attributed thereto in this section:
- “Boat Booking Charge” means the amount requested by Sailogy from the User, in case of a Boat Charter Service, for the purpose of optioning and blocking the Boat of your choice for 24 (twenty-four) hours from the reservation request and from the time you sent the Booking Form;
- “Reserved Area” means the Website section accessible by the User (and, consequently, by the Customer) through the log-on Credentials and from which it is possible to display the signed Booking Forms and modify, supplement and/or cancel any reservation.
- "Booking Form” means the order form – filled in by the User or generated by the Website during booking, containing all the information relating to the Customer and to the purchased Sailogy Service – which summarises and formalises the purchase request relating to the selected Sailogy Service and the proposal to Sailogy to close the Agreement.
- “Charter” means the Boat charter service offered and delivered and that covers the time spent on the Boat from check-in time to check-out time;
- “Client-Consumer” means any customer who is an adult individual and logs on the Website and purchases one or more Sailogy Services for personal purposes unrelated to any entrepreneurial, sale, craft or professional activity he/she carries out and who, consequently, is subject to the provisions of Legislative Decree 206/2005 (so-called Consumer Code);
- “Boat Charter Price” means the amount requested by Sailogy that the Customer should pay, in relation to the Boat Charter Service, for the purpose of booking the Boat and use the services of the selected Charter Operator;
- “Flash Sales Price” indica l’means the amount requested by Sailogy that the Customer should pay for the purchase of the tourist package relatively to the Flash Sales Service offered;
- “Price” means both the Boat Charter Price and the Flash Sales Price according to the Sailogy Service selected by the User;
- “Credentials” means the User’s identity credentials (i.e. name, surname, email and password), selected and processed by the latter during the registration and creation of the account on Sailogy Website. The Credentials, so identified, are solely referable to the User (and, consequently, to the Customer or the Customer-Consumer), are not transferable and/or usable by third parties and are required to validly sign this Agreement and complete the purchase of Sailogy Services.
- “Effective Date” means the date starting from which the Agreement will start producing its effects, i.e. the date of reception by the Customer of the Confirmation Voucher sent by email by Sailogy and including the confirmation of the availability of the Sailogy Service selected by the Customer for the purpose of closing the Agreement.
- “Term” means the period of validity of the Agreement specified in the Order Form and related to the purchased Sailogy Service.
- “Boat” means the boat selected by the Customer from time to time when booking it, and relating to the boat charter agreement to be entered into between the Customer and the Charter Operator;
- “Charter Operators” means the boat charter companies with which Sailogy entered into specific partnership and cooperation agreements for the purpose of providing the Services. All the Charter Operators selected and authorised by Sailogy are companies and/or professional operators adequately insured and capable to guarantee a reliable and safe service.
- “Boat Charter Service” means the service offered by Sailogy through the Website allowing to connect the Charter Operators with the Users for the purpose of favouring the closing between the same of a boat charter agreement relating to the boats of the Charter Operator’s fleet, according to the terms and conditions as better specified in the Booking Form under Annex A signed by the Customer from time to time. The Boat Charter Service may be provided by Sailogy as broker (il “Boat Charter Service – brokerage”) or as leading operator (il “Boat Charter Service – leading operator mandate”) according to the agreements entered into between Sailogy and each Charter Operator.
- “Flash Sales Service” means the service for the supply and sale by Sailogy to the Website Users of tourist packages including the Boat charter, the selection of a given destination and travel itinerary, as specified in detail in the Booking Form under Annex A signed by the Customer from time to time. The Flash Sales Service is performed by Sailogy as leading operator by connecting the Charter Operators with Users in order to foster the closing of a Boat charter agreement between the Charter Operators and the Users.
- “Sailogy Services” means, jointly or separately, the Boat Charter Service and the Flash Sales Service, as defined hereinafter, according to the purchase choice made by the User (and, consequently, by the Customer).
- “Website” means the online platform, accessible at https://www.sailogy.com/en/ or through the mobile app, through which the User may display and forward to Sailogy a Service booking request, as well as access its Reserved Area to monitor its own orders.
- “User” means the subject who navigates the Website and accesses the Reserved Area in order to book Sailogy Services on its own behalf or on behalf of the Customer. In case of a legal person, the User is identified by the Customer as Website user and may be an employee and/or collaborator and/or any other subject authorised by the Customer to fill in the Booking Form.
- “Confirmation Voucher” means the document sent to the User’s email address (and, consequently, to the Customer) after Sailogy has checked for the availability of the Boats, the rates and what is envisaged in the Booking Form, that is relevant for the purpose of the booking confirmation and, consequently, for the purposes of closing the Agreement. A copy of the Confirmation Voucher is attached hereto.
2.2. The terms of the Agreement defined in the singular form shall be considered defined also in the plural form and viceversa.
Subject-matter of the Agreement and Sailogy Services
3.1. Boat Charter Service
3.1.1. With reference to the Boat Charter Service, Sailogy provides Users with an online platform displaying the photos and technical information relating to the boats that are made available by the Charter Operators and may be booked by Users under the conditions established below.
3.1.2. Subject to the provisions of paragraph 3.1.3 below, Sailogy undertakes, for each Boat published on the Website, to provide the User with (i) the Boat pictures; (ii) the technical features and the equipment available; (iii) the mandatory services and extra services not included in the price; (iv) the boat’s port and (v) an indicative calendar of the available dates and of the relevant booking prices.
3.1.3. All photos and information that may be seen by the User on the Website correspond exclusively to the pictures and information sent by the Charter Operator to Sailogy and the truthfulness, accuracy and update thereof (both relatively to price and availability of the Boats) depends solely on the Charter Operator, without involving Sailogy.
3.1.4. After the selection of the Boat and any extra service the User is interested in, the booking price will be display and, for the purpose of continuing the process, the User will be requested to fill in the Booking Form online in order to send to Sailogy a summary of the reservation and to option the Boat and the selected itinerary. The sending of the Booking Form is considered as an agreement proposal aimed at formalising the User’s booking request, but it is not yet the closing of the Agreement, as better specified in section 4 below.
3.1.5. After receiving the booking request from the User and after the payment, if any, by the User of the Boat Booking Charge, Sailogy shall send an email confirming the reception of the request to the User (and, consequently, to the Customer) and shall send the Customer’s data and all the information contained in the Booking Form to the Charter Operator concerned in order that the latter verifies the actual availability of the Boat requested.
3.1.6. Within 48 (forty-eight) hours from the reception of the Booking Form and, if applicable, from the payment of the Boat Booking Charge, if the Charter Operator confirms the actual availability of the Boat and the possibility to provide the services requested by the Customer through the Booking Form, Sailogy shall send the Customer the booking Confirmation Voucher. If Sailogy, within the same term, cannot confirm the Customer’s booking request due to the fact the services of the Charter Operator may not be available, Sailogy shall reimburse to the Customer the amounts, pursuant to section 5.2 below, paid until then and nothing else shall be owed to the Customer on any account and/or for any reason, without prejudice to the provisions of section 4.3 hereinafter.
3.1.7. It is agreed between the parties that, after receiving the Confirmation Voucher, the Customer shall receive the formal boat charter agreement in order to start a direct contractual relationship between the User and the Charter Operator for the regulation of all the Boat Charter terms and conditions.
3.2. Flash Sales Service
3.2.1. Through the Flash Sales Service, Sailogy offers to the User the possibility to purchase, directly through the Website, tourist packages relating to a charter service relative to a boat among those made available to Sailogy by the authorised Charter Operators, and to the reservation of a boat travel experience. Each package of the Flash Sales Service allows the User to select (i) a boat charter service; (ii) the travel destination and the suggested itinerary; and (iii) the dates and travel period.
3.2.2. With specific reference to the Boat charter as per the foregoing point (i) the User may select between different types of boats (single hull or catamaran hull; sailboat or motorboat) and type of standards and facilities available (luxury or economy; with crew, etc.). Conversely, it will not be possible to select the specific Boat that will be identified by Sailogy, in compliance with what is requested and purchased by the Customer and based on the actual available boats of the fleets of Sailogy authorised Charter Operators.
3.2.3. Considering the above, the User acknowledges and accepts as from now that all the pictures and photos published on the Website with reference to the Flash Sales Service are merely indicative of the type of Boat selected and that the same do not necessarily correspond to the Boat to be actually provided by the Charter Operator at check-in.
3.2.4. After the desired Flash Sales Service is selected, the User will be requested to confirm the booking price and pay the Flash Sales Price pursuant to section 5 below and as specified in the Booking Form.
3.2.5. All the information relating to the Customer, to the reservation made and to the amount paid will be summarised in the Booking Form automatically generated by the Website that Sailogy shall send to the User (and, consequently, to the Customer) by email, to confirm the reception of the reservation. The reception of the Booking Form by Sailogy shall be deemed as the agreement proposal aimed at formalising the booking request by the User, but this is not yet the closing of the Agreement, as better specified in section 4 below.
3.2.6. As soon as it receives the Booking Form, Sailogy shall contact the authorised Charter Operators in order to verify the availability of the boats corresponding to the booking parameters requested by the Customer. Within 72 (seventy-two) hours from the reception of the Booking Form, after the availability of the Boat and of the Charter Operator is confirmed, Sailogy shall send to the Customer the booking Confirmation Voucher. However, if within the same term Sailogy cannot guarantee the delivery of the services requested in the Booking Form, Sailogy shall reimburse to the Customer the entire amount of the Flash Sales Price paid and no other amount shall be owed to the Customer on any account and/or for any reason.
3.2.7. It remains agreed between the parties that, after receiving the Confirmation Voucher, the Customer will be contacted directly by the Charter Operator and will receive from the latter a formal agreement in order to start a direct contractual relationship between the User and the Charter Operator for the regulation of all the Charter terms and conditions.
3.3. Conditions applicable to Sailogy Services
The following conditions shall be applicable to Sailogy Services, unless otherwise agreed under the agreement with the single Charter Operator:
3.3.1. The number of boats available is limited and subject to the various booking requests that may be received by the Charter Operator and that, therefore, are directly managed by the latter. The confirmation of the occurred booking of the Sailogy Service, therefore, shall take place only after the reception of the Confirmation Voucher by the User (and, consequently, by the Customer).
3.3.2. In case of a Boat provided with a skipper, it is hereby agreed that the skippers are selected by the Charter Operator, directly or through external agencies or through Sailogy partner companies, based on the skipper’s professionalism and expertise. The skipper has only the task to manoeuver the Boat and ensure a safe navigation. He/she will not take care of cleaning and meals and will occupy one the Boat cabins.
3.3.3. The itinerary proposed and included in the Booking Form is just an example. The skipper reserves the right to review the itinerary planned with the Customer based on weather conditions, safety of the places and viability of the routes according to the time available and/or other circumstances that cannot be planned in advance. Sailogy does not undertake any liability for any change to the proposed itineraries.
3.3.4. Before departure, Sailogy undertakes to provide all the contacts the Customer may need when arriving near to the marina or once the same is on board. In any case, Sailogy remains at the Customer’s disposal during the Charter travel.
3.3.5. The Customer hereby acknowledges and accepts that the marina indicated as Charter place of departure may be subject to change until the day before the date scheduled for departure according to the actual availability of the Charter Operator and in any case at a distance of maximum 30 km from the city identified as Charter place of departure in the Booking Form.
3.3.6. Berthing for Charter first and last night is included in the Price. However, mooring relating to the other nights is not included. Subject to the consent of the skipper who shall valuate the weather and water depth at the berth, the Customer may sleep on roadstead, or spend the night free of charge in a protected bay.
3.3.7. The return to the port is mandatorily expected to take place by h. 17.00 on the Friday of the Charter week in order to ensure a proper check out. The Customer will be allowed to sleep on board on Friday night – as last night included in the Price – remaining in the marina, and leave the boat on Saturday morning no later than h. 8:00 am.
Closing, Term and Termination of the Agreement
4.1. The Agreement between Sailogy and the Customer shall be closed only when the Customer receives the Confirmation Voucher from Sailogy by email.
4.2. The Agreement shall be in force starting from the Effective Date and (i)in case of the Boat Charter Service – brokerage until delivery of the Boat by the Charter Operator to the Customer (check-in); (ii) in case of the Boat Charter Service - leading operator mandate and of the Flash Sales Service, until the end of the Charter, i.e. the return of the Boat pursuant to the foregoing section 3.3.7, and subject to check for the Boat integrity by the Charter Operator.
4.3. With reference to the Boat Charter Service, without prejudice to what has been established in the foregoing section 3.1.6 on reimbursements, the Customer may cancel the booking free of charge at least 24 (twenty-four hours) before the payment of the Boat Booking Charge. In that case, Sailogy shall return to the Customer the amount paid, without any further charge and/or penalty.
4.4. Both for the Boat Charter Service and for the Flash Sales Service, the conditions of withdrawal from a reservation will be established by the Charter Operator responsible for the delivery of the single Charter service.
4.5. The foregoing does not affect the right of each Party, should the circumstances occur and should it be deemed appropriate, to undertake any adequate action to terminate this Agreement pursuant to Articles 1453 and 1454 of the Italian Civil Code.
4.6. Even after the expiry of this Agreement, as determined in the foregoing section 4.2, the User may continue to access the Reserved Area on the Website by means of its own Credentials in order to display the track record of the Charters previously purchased and make any new booking of the Sailogy Services. For more information relatively to the retention of the User’s data by Sailogy, reference should be made to the privacy notice.
Price and payment terms
5.1. For the delivery of Sailogy Services, Sailogy shall not charge the User any cost or any additional commission with respect to the amounts specified on the Website. All the prices displayed on the Website are inclusive of VAT, unless otherwise explicitly specified on the Website or in the Confirmation Voucher.
5.2. With reference to the Boat Charter Service, upon the filling out and sending of the Booking Form, the Customer shall pay to Sailogy – in the event that it has selected the relevant option on the Website – the Boat Booking Charge for the purpose of optioning and blocking the Boat selected for 24 (twenty-four) hours from the date of the relevant request. Such amount shall be charged to the Customer at the end of the booking and upon sending of the Booking Form to Sailogy. Within 24 (twenty-four) hours from the sending of the Booking Form, the Customer shall pay Sailogy 100% (one hundred per cent) or 50% (fifty per cent) of the Boat Charter Price, as defined in the Booking Form from time to time, based on the booking made and on the availability (by way of example, last minute booking or not) and, in case of payment by two instalments, it shall make the balance payment upon reception of the Confirmation Voucher from the Customer. It is hereby agreed that after the term of 48 (forty-eight) hours from the sending (and reception by Sailogy) of the Booking Form, the amounts paid within such term – as Boat Charter Price – shall not be reimbursed to the Customer, as envisaged in the foregoing section 3.1.6.
5.3. With reference to the Flash Sales Service, upon filling out and sending the Booking Form, the Customer shall pay Sailogy the total amount of the Flash Sales Price. Such amount shall be charged to the Customer at the end of the Flash Sales Service booking and may be reimbursed to the Customer exclusively in the event that, within 72 (seventy-two) hours after sending the Booking Form, Sailogy cannot confirm the booking to the Customer for the reasons referred to in the foregoing section 3.2.6. After a term of 72 (seventy-two) hours has elapsed, any other amount paid – as Flash Sales Price – shall be reimbursed.
5.4. It is hereby agreed that, both for the Boat Charter Service and the Flash Sales Service, the Price payment terms shall be specified from time to time in the Booking Form.
5.5. In addition to the Prices as above determined, the Customer hereby acknowledges and accepts that, for each Boat chartered through the Website, it shall pay a guarantee deposit directly requested by the Charter Operator – pursuant to the provisions of the agreement with the latter – and this guarantee deposit will cover any damage, either accidental or non-accidental, caused by passengers to the chartered Boat and the non-fulfilment of the contractual obligations (like, by way of example, without limitation, the late return of the boat). The guarantee deposit shall be paid to the Charter Operator at check-in and shall be returned to the Charter Operator, at the end of the Charter, after the Boat inspection and the performance of the check-out procedure.
Representations, warranties and limitations of liability
6.1. The User (and, consequently, the Customer) hereby represents and warrants that:
- the data and information provided to Sailogy in filling out the Booking Form and, in any case, when sending the booking request, are true, correct and such to allow the User identification and the proper specification of the User needs;
- it has read and understood and it fully accepts the general terms of Sailogy Services as specified in the foregoing sections 3.1, 3.2 and 3.3
- it will use the Website, its functions and Sailogy Services for legitimate purposes and pursuant to the general terms of this Agreement. More specifically, the User warrants that it will not send or disseminate, through the Website, any illicit, defamatory or disparaging contents making reference to other Users, or use the Website to accomplish any act that may damage Sailogy image and reputation or that may cause any other damage or loss to Sailogy.
- (iv) It will use the Charter service in compliance with the rules applied to each Charter Operator and exclusively for tourist goals and legitimate purposes.
6.2. Sailogy hereby represents and warrants that:
- all Boats shown on the Website are covered by a Third Party Liability insurance policy, under the direct responsibility of the Charter Operators;
- all Charter Operators authorised by Sailogy are exclusively selected among professional operators in the sector based on the professional and reliable standards of the service offered.
6.3. Subject to the above, Sailogy does not issue any representation and/or warranty, explicit or implicit, that the Charter service provided by the Charter Operator will be suitable for satisfying the Customer’s needs and/or be free from service inefficiencies, unexpected events, variations and/or cancellations and in no case shall Sailogy be deemed liable for the failed performance or partial performance of the services envisaged under the agreement entered into between the Customer and the Charter Operator.
6.4. In particular, with reference to the foregoing sections 3.1.3 and 3.2.3, relative to the pictures and information published on the Website for the Boat Charter Service and the Flash Sales Service, Sailogy does not give any warranty and does not assume any responsibility vis-à-vis the Customer that the pictures and the information published correspond to the real conditions of the Boats, or that they are accurate and updated in relation to extra costs and availability. Therefore, the Charter Operator shall be deemed exclusively responsible for the accuracy and completeness of the information (including price and availability) that may be shown on the Website.
6.5. Within the limits of the law provisions applicable from time to time on Customer-Consumer protection, the Customer acknowledges and agrees that in no case shall Sailogy be liable for any damage (direct, indirect, consequential and/or punitive) that may be caused to the same Customer or to third parties due to any omission, violation, misrepresentation, negligent administration, objective liability or negligence for facts, acts or declarations directly or indirectly attributable to the Charter Operator (and/or its employees, collaborators, agents, representatives, affiliated companies), including (partial) cancellations, overbooking, strike, force majeure or any other event beyond Sailogy’s control.
6.6. Within the limits of the law provisions applicable from time to time on Customer-Consumer protection, in no case shall Sailogy be liable vis-à-vis the Customer for loss of profit or loss of opportunity, or for costs or indirect or consequential damages deriving from the illicit use or any use that is not compliant with the provisions of this Website Agreement.
Miscellaneous and final provisions
7.1. Hyperlinks. Sailogy shall not be liable for the contents, marketing activities, products or services that may be shown by accessing the Website external links, directly or indirectly. Sailogy shall not be held liable for any claim deriving from the use of hyperlinks on the Website or for the consequences of accessing these links.
7.2. Amendments to the Agreement. Sailogy – for the purposes of any technical, organizational and/or accounting improvement – reserves the right, at any time and at its absolute discretion, to make any amendment to the Agreement, as well as to impose any new or additional terms or conditions about the delivery of Sailogy Services.
7.3. Notices. All notices and communications inherent to this Agreement and necessary for the performance of this Agreement shall be made in writing to the following addresses:
- as to Sailogy: Sailogy S.A., Via Valdani 1, 6830 Chiasso (CH), tel. +41 (0) 91 6820 539 , email email@example.com, to the kind attention of Manlio Nicola Accardo;
- as to Customer: to the User email entered upon registration in the Reserved Area.
7.4. Personal data processing. Sailogy shall process the User personal data, collected upon registration in the Reserved Area and/or in filling out the Booking Form, in its capacity as autonomous data controller under its direct and exclusive responsibility and undertakes, under its direct and exclusive responsibility, to adhere to all the currently applicable rules on personal data protection, with special reference to: (i) Legislative Decree 196/2003 (so-called Privacy Code) and subsequent amendments, (ii) GDPR, General Data Protection Regulation – Regulation EU 2016/679 and (iii) the guidelines and directives of the Personal Data Protection Authority. Sailogy shall notify the Customer personal data to the Charter Operator concerned by the booking, only for the purpose of allowing the Charter service to be delivered to the Customer and, in this respect, the Charter Operator will process the Customer personal data as autonomous data controller. For more information, reference should be made to the privacy notice.
7.5. Applicable law and competent court. The provisions of this Agreement are governed by the Swiss Law and any dispute relating to the validity, effectiveness, interpretation and performance of this Agreement or otherwise related to the Agreement and/or to the supply of the Sailogy Services, shall be subject:
- if the Customer is not a consumer, to the exclusive jurisdiction of the competent judicial authorities of Lugano, Switzerland;
- if the Customer is a consumer, to the jurisdiction of the court of residence or the elective domicile of the Customer-Consumer.