Terms of Service

"TimeToSail e.K." - General Terms and Conditions for Boat Brokerage

These General Terms and Conditions apply to all bookings made through the TimeToSail e.K. website.

The service is about bringing boat/yacht rental companies and interested boat renters into contact with one another.

By using this website, the boat renter and the boat rental company unconditionally accept these general terms and conditions.

Article 1 - Definitions

“TimeToSail e.K.”: Melina Chatzimilioudis, Mühlenstr. 22, 83098 Brannenburg

Boat/Yacht: means any watercraft offered for rent/charter on the Website (such as sailboats, catamarans, motor yachts, etc.)

Boat Rental Company: a natural or legal person, or his/her representative, who commercially rents out boats owned or operated by him/her and wishes to make them available to boat Charterers through the TimeToSail e.K. website

Boat Charterer: a natural or legal person wishing to rent a boat from a boat rental company through the TimeToSail e.K. website

Users: Boat charterers and boat rental companies using the TimeToSail e.K. website

Service: Establishment of a connection between boat rental company and boat charterer via the website of "TimeToSail e.K." with the aim of facilitating the booking of a boat

Service Costs: These are the costs that “TimeToSail e.K.” is entitled to as remuneration for the services provided

Advertisement: Advertisement of the boat with all its data on the website of "TimeToSail e.K."

Rental price: is the price stated in the advertisement for renting the boat. The rental price includes the service costs but does not include the cost of fuel, mooring the boat in the port and final cleaning. Unless this is specifically stated in the advertisement.

Article 2 – Scope, subject, acceptance of the General Terms and Conditions

These general terms and conditions apply to all boat bookings made on the TimeToSail e.K. website.

"TimeToSail e.K." acts as an intermediary between boat rental companies and boat charterers. The rental contract is concluded directly between the boat rental company and the boat charterer. "TimeToSail e.K." is not a party of the rental agreement.

These general terms and conditions do not apply to the relationship between the boat rental company and the boat charterer. This is governed by the rental agreement that the boat charterer receives from the boat rental company and signs after the reservation has been made on the website.

Before using the services offered on the website, the user must confirm that he has accepted the General Terms and Conditions.

The General Terms and Conditions can be accessed at any time and without restriction on the "TimeToSail e.K." website by boat rental companies and boat charterers.

By clicking on the "I accept the terms and conditions" button when making a reservation request for booking a boat on the "TimeToSail e.K." website, the boat charterer accepts these terms and conditions in full and without reservation. If the charterer does not click the button, the use of the service is not possible and invalid.

TimeToSail e.K. reserves the right to make changes at any time. The changes will come into effect upon publication on the website.

Article 3 - Use of the TimeToSail e.K. website

Use of the Site

Any person capable of contract can use the TimeToSail e.K. website free of charge. When making a reservation request for booking a boat on the "TimeToSail e.K." website, full personal details, the email address, the home address and the mobile number on which the user can actually be reached must be given.

E-mail address and mobile number must be valid and reachable for the period of use of the service. Changes must be communicated immediately.

Exclusion

“TimeToSail e.K.” reserves the right to exclude any boat rental company or boat charterer who does not comply with these general terms and conditions at any time without prior notice. If incorrect information is provided to TimeToSail e.K., the boat charterer may be blocked from accessing the services.

Article 4 – Description of the Services

Publication of the boats for rent

The TimeToSail e.K. website publishes the boats of selected boat rental companies. The advertisements of the boat rental company must contain in particular:

Name of the boat
Model
Construction year
technical features
Furnishing
Options
prices depending on the season,
Location where the boat(s) will be provided
several photos of the boat

The user of the website has access to all advertisements published by the boat rental company. The order of the advertisements does not depend on the remuneration of the boat rental company.

The boat rental company is obliged to regularly check and update the information on its boats.

Booking by the boat charterer

The boat charterer has the possibility, through the “TimeToSail e.K.” website:

either to book the boat immediately if this option is expressly offered in the advertisement. In this case, the booking creates a contract between the boat rental company and the boat charterer and the boat charterer must pay the deposit immediately
or to ask the boat rental company about the availability of the selected boat and to conclude the contract with the boat rental company. The boat rental company sends the contract form confirming that the boat is available for the requested period. The boat charterer must fill in, sign and return the contract form. If the boat charterer wants to reserve the boat under the conditions communicated by the boat rental company, the boat charterer must pay the deposit requested by the boat rental company at the same time as signing the contract. After the payment has been made, the booking is confirmed.

In both cases, the boat charterer must pay the deposit through the TimeToSail e.K. website in order to reserve the boat. Payment can be made by bank transfer. The boat charterer is obliged to send proof of payment to "TimeToSail e.K." as soon as the transfer has been made.

Irrespective of how the booking was made (immediately or after α Reservation request), the rental of the boat is not guaranteed until the boat charterer has received a booking confirmation from the boat rental company.

If there are obvious calculation errors when determining the rental price and the booked extras, the boat rental company and the boat charterer have the right and obligation to correct the prices according to the valid price list without affecting the legal validity of the contract.

payment

See Article 7

Reservation confirmation by the boat rental company

The reservation will be confirmed to the boat charterer by email. From the confirmation of the reservation, the boat charterer is in direct contact with the boat rental company to complete the rental and sign the final rental contract.

In order to formalize the booking through a written rental agreement, the boat rental company sends the boat charterer a draft contract and the documents required for the rental. The boat charterer must sign this contract upon receipt and email it back to the boat rental company.

If the boat charterer has already paid a deposit and the reservation is not confirmed by the boat rental company, “TimeToSail e.K.” will refund the deposit paid by the boat charterer free of charge. There are no fees for the reservation on the part of the boat charterer. The boat charterer is not entitled to any compensation or damages if the reservation is not confirmed by the boat renter.

conclusion of the rental agreement

"TimeToSail e.K." is not a party to the rental contract, which is concluded directly between the boat rental company and the boat charterer.

The negotiation, formation, performance or non-performance, expiration or termination of the Rental Agreement are solely the responsibility of the boat rental company and boat charterer.

The boat rental is carried out solely in accordance with the terms of the rental agreement presented by the boat rental company.

Article 5 – Obligations and knowledge of the boat charterer

Skipper and crew

If no professional skipper is hired for the voyage, the boat charterer expressly declares that he:

and a second person are in possession of valid certificates of competency for driving boats and carry these with them during the rental period. The boat charterer has to ensure that 2 skippers are on board.
Observes the legal provisions in Greece
informs himself in detail about the conditions of the sailing area before the start of the trip, such as currents, water depths and strong winds
has the nautical knowledge to navigate the intended sea area
Allows only the permitted number of people to board the boat
The crew is proficient and has sufficient experience in operating the rented boat
Make no modifications to the boat or equipment and treat the boat with care
Bringing the boat back to the port of departure in a clean and tidy condition as at the start of the rental period, with all the equipment, on the agreed date, unless the boat rental company has agreed otherwise in writing.
Only bring pets after consultation
In the event of serious damage (broken mast, leak, fire, ..) immediately notify the boat rental company to get instructions. In the event of damage to the ship or persons, the charterer prepares a written record and provides confirmation from the harbor master (or the doctor or the police).
In the event of an accident or similar cases, always have the boat towed with your own line and do not make any agreements about towing or salvage costs without prior consultation with the boat rental company
With forecast wind speeds from 7 Bft. does not leave the safe haven.

The rented boat may only be used for pleasure boating. Any other use (e.g. commercial transactions, regattas, commercial fishing, transport, etc.) is excluded unless this has been specially agreed with the boat rental company. Subletting or lending the boat is strictly prohibited.

The boat rental company reserves the right to check the boat handling knowledge of the boat charterer and, if applicable, his crew. If the boat charterer's or his crew's knowledge of boat handling is found to be insufficient or if the skipper nominated by the boat renter is not available, the boat rental company is entitled to cancel the rental as the fault of the boat charterer. Alternatively, the boat charterer has the option of hiring another skipper at his own expense.

The boat charterer is liable for the boat and its crew for the entire rental period.

Travel documents

The boat charterer is responsible for ensuring that all travel documents to be carried by him and his crew, e.g. passports, certificates of competence, vaccination certificates, visas if necessary, etc. are valid and comply with the regulations.

Failure to board the boat or cancellation of the rental due to non-compliant travel documents will be deemed to be the fault of the boat charterer. In this case, the boat charterer must bear the cancellation fees according to Article 6.

Inspection before taking over the boat

The boat will be cleaned, filled up and handed over to the boat charterer ready to sail. The review of the information provided by the boat rental company and boat charterer (equipment and condition of the boat, personal details, boating skills, solvency, ...) is the responsibility of the boat rental company and boat charterer. The boat charterer must use the checklist to check the condition of the ship and the completeness of the equipment and inventory. It is expressly recommended that the boat charterer immediately notify the boat rental company of any known defects upon arrival and document them in writing.

According to the rental agreement concluded with the boat rental company, the boat charterer may be required to pay a deposit before taking over the boat.

If there are any disputes in connection with the deposit or the assumption of excess (e.g. damage on board or the boat not being returned on time), these are the responsibility of the boat rental company and boat charterer, not the responsibility of "TimeToSail e.K.". The boat charterer is asked to inform “TimeToSail e.K.” in such cases.

The deposit will be refunded if the boat is returned free of damage and defects. Loss and damage will be deducted from the security deposit.

Return of the boat

The boat charterer must plan his trip in such a way that the contractual return can take place in good time on the agreed date. An extension of the rental period is only possible with the consent of the boat rental company. If the boat charterer returns the boat late, the boat rental company is entitled to charge the boat charterer for the extended use and all costs incurred as a result of the delay (in particular claims by subsequent charterers). The rental contract is considered extended until the boat is returned. Excluded from this are delays caused by damage to the boat for which the boat charterer is not responsible.

If the final cleaning is not included in the rental price, the boat rental company is entitled to charge the amount specified in the contract on site.

If the boat charterer leaves the boat at a different location than the agreed location, the boat charterer shall bear all costs for returning the boat to the home port.

The boat must be returned with a full tank of fuel. If the boat is not fully tanked, the boat rental company is entitled to charge a flat rate for fuel plus the fuel consumed.

Article 6 - Modification and cancellation of the rental

The provisions of this article apply to the cancellation or modification of the rental by the boat rental company or the boat charterer. If the boat rental company has formally recorded the booking in a written rental agreement and the boat charterer has signed this rental agreement and returned it to the boat rental company, the provisions of this rental agreement shall apply to the change and cancellation of the rental.

“TimeToSail e.K.” is not responsible or liable for any changes caused by natural disasters, threat of war, labor disputes or similar cases over which “TimeToSail e.K.” has no control.

Change of reservation by the boat charterer

If the boat charterer wants to make changes to his booking (boat model, dates, destinations, etc.), he must contact his consultant at TimeToSail e.K..

"TimeToSail e.K." strives to find a satisfactory solution for the charterer. In addition to any additional costs due to the change, this will result in additional processing costs of 80 €.

TimeToSail e.K. does not guarantee that changes can be made to the rental. If no solution can be found and the charterer cancels the rental of the boat, the following cancellation conditions apply.

Resignation of the boat charterer

Before use

All cancellations must be made in writing and in a timely manner to “TimeToSail e.K.” by email to the following email address: [email protected].

Cancellation policy:

Full refund if canceled within 24 hours of booking.
If the boat charterer cancels up to 7 days after booking, a service fee of 15% of the full booking fee will be charged. If the boat charterer has already paid the full rental price for the rental, 15% of this amount will be retained as a service fee.
For cancellations no later than 30 days before taking over the boat, 50% of the total rental costs will be charged.
For cancellations less than 30 days before taking over the boat, 100% of the total rental cost will be charged.

The boat charterer owes “TimeToSail e.K.” the service costs of 15% even if the boat rental company waives all or part of the cancellation fee.

At the time of delivery/acceptance of the boat

If the rented boat is not seaworthy because an element essential for safety is missing and the boat rental company cannot offer a boat with similar or better equipment, the boat charterer can terminate the contract. In this case, the rental price paid so far will be refunded to the boat charterer. However, the boat charterer cannot assert against "TimeToSail e.K." any claims for damages. The amounts paid back by “TimeToSail e.K.” can in no case exceed the sum of the amounts paid by the boat charterer via the website.

Damage to the boat and equipment that does not affect the seaworthiness of the boat and still allows the boat to be used does not entitle you to withdraw. The boat charterer reserves the right to reduce the price. Wear and tear corresponding to the age of the boat and signs of use are excluded from the reduction.

If the booked boat cannot be handed over on the date agreed in the rental agreement (e.g. due to average, unseaworthiness, late return of the previous crew, other damage, etc.), the boat rental company can provide a replacement boat of the same or higher value. If this is not possible, the boat charterer can withdraw from the rental agreement with full reimbursement of all payments made. Claims for damages by the boat renter against "TimeToSail e.K." that go beyond the rental price are excluded. If the boat charterer does not withdraw from the contract, he is entitled to a refund of the pro rata rental price for the time the boat was later handed over.

Cancellation by the boat rental company

In case of termination of the rental agreement by the boat rental company, TimeToSail e.K. undertakes either to offer the boat charterer a replacement boat of a similar or better category or to refund the amounts already paid by the boat charterer via the website. However, the boat charterer cannot assert any claims for damages against TimeToSail e.K.

If the cancellation is made by the boat rental company because the boat charterer is unable to prove his boat handling qualifications, this cancellation will be deemed to be the fault of the charterer. In this case, the boat charterer cannot demand a refund of the paid rental price.

Article 7 – Methods of payment

The boat charterer should make payment of the full booking fee as follows:

Reservation request earlier than 30 days before taking possession of the boat: after confirmation of the request for a booking by the boat rental company or immediately with direct booking, the boat charterer has the option of paying either 100% of the full booking fee immediately, or 50% of the full booking fee immediately and the remaining amount to be paid no later than 30 days before taking over the boat. If the boat charterer does not pay the full rental price at least 30 days before taking over the boat, the rental contract is automatically and immediately terminated. This also applies if the boat charterer has not paid the down payment no later than 7 days after booking.
Reservation request less than 30 days before taking possession of the boat: the charterer shall pay 100% of the full booking fee (unless otherwise agreed between the boat rental company and the boat charterer).

If the boat charterer has already paid a down payment and the reservation is not confirmed by the boat rental company, "TimeToSail e.K." will refund the down payment paid by the boat charterer free of charge. There are no fees for the reservation on the part of the boat charterer. In this case, the boat charterer has no right to compensation or damages to "TimeToSail e.K.".

If the boat charterer fails to meet the payment due dates, the rental agreement is deemed to have been terminated through the fault of the boat charterer. In this case, the contractually agreed fees apply according to Article 6.

The boat charterer is obliged to make the down payment and the final payment of the rental price directly via the website. Payments can be made by bank transfer to TimeToSail e.K.'s account.

Article 8 - Insurance

The boat rental company declares that it has taken out extensive liability and comprehensive insurance. This insurance covers the liability of the boat charterer throughout the rental period.

The boat rental company will inform the boat charterer of the risks that are covered or not covered by the rental agreement he has concluded and what deductible the boat charterer has to bear in the event of damage. The deductible per claim normally corresponds to the deposit paid. The boat rental company must provide the boat charterer with a copy of this contract upon request.

The boat charterer and his crew can take out insurance with a specialized insurance company to cover the risks not covered by the insurance taken out by the boat rental company.

"TimeToSail e.K." recommends taking out such additional insurance (e.g. travel cancellation insurance, deposit insurance, skipper liability insurance).

Article 9 – Liability and Disclaimers

"TimeToSail e.K." is only liable as an intermediary for grossly negligent or intentional breach of duty in the intermediary service. The liability of "TimeToSail e.K." is limited to the amount of the rental price.

site

TimeToSail e.K. takes all precautions in its power to ensure the availability and proper operation of its website. The only exceptions are necessary changes or updates, which are normally carried out between 00:00 - 4:00. Nevertheless, interruptions and failures are possible. "TimeToSail e.K." cannot be held liable for this. In no case shall the user of the website be entitled to hold "TimeToSail e.K." responsible for these disruptions, irregularities, errors or interruptions, even if they may have caused harm to him.

“TimeToSail e.K.” disclaims all liability in the following cases:

Damage caused by software transmitted via the website.
Damage caused by fraudulent access to the Website and/or the Service by a third party.
Damage caused by improper or illegal use of the Website and/or the Service by the User.

rental contract

"TimeToSail e.K." is only an intermediary of the rental agreement concluded between the boat rental company and the boat charterer. “TimeToSail e.K.” acts in good faith and is in no way liable for any damage resulting directly or indirectly from the negotiation, formation, performance or non-performance, expiry or termination of the rental agreement and other business relationships between boat rental companies and boat charterers or if boat rental companies or boat charterers breach their contractual obligations.

Boat pick-up and boat trip

The weather conditions prevailing during the rental period is an uncertain component that the boat charterer accepts. If navigation is impossible or prohibited due to weather conditions and the boat has to remain in port or anchor, the boat charterer is not entitled to a full or partial refund of the rental price. If the boat charterer refuses to take over the boat or breaks off the rental relationship before the end of the agreed rental period, he cannot demand full or partial reimbursement of the payments made from the boat rental company or from "TimeToSail e.K.", not even pro rata for the days on which he did not use the boat.

Boat rental company and boat charterers accept that TimeToSail e.K. is under no obligation to check the condition, operability or seaworthiness of the boats offered for rental or the solvency of the boat charterer. It is the job of the boat rental company and boat charterer to carry out these checks when the boat is handed over.

Neither is TimeToSail e.K. responsible for insufficient amount on the boat charterer's bank account or for any discrepancies between the boat rental company and the boat charterer regarding the payment of the deposit to the boat rental company.

"TimeToSail e.K." is not liable for the loss of personal belongings of the boat charterer and his crew during the rental period.

"TimeToSail e.K." is also not liable for direct or indirect damage related to the behavior of the Boat rental company or boat charterer or to a breach of applicable regulations for which they are responsible.

Each boat rental company is solely responsible for the content of the advertisements published on the website and is liable for the correctness and truthfulness of the information given on his advertisement for his boats.

“TimeToSail e.K.” checks all information and content published on the “TimeToSail e.K.” website with the greatest possible care. Nevertheless, "TimeToSail e.K." assumes no liability for the correctness, completeness and topicality of the information provided.

If the advertisement of the boat rental company violates legal prohibitions, good morals or these terms and conditions, the boat rental company is liable for compensation for all direct or indirect damage resulting from this, including financial loss. "TimeToSail e.K." cannot be held liable for this.

“TimeToSail e.K.” disclaims all liability in the following cases:

for damage incurred if the agreed services are not provided as a result of force majeure.
if the condition of the boat does not correspond to the advertisement.
Failure by the User to comply with administrative and health formalities.

Users of the site

The users of the website confirm that they are entitled to assume legal obligations and accept responsibility for any contractual and/or financial liability that may arise from the use of this website.

For acts and omissions by the boat charterer, for which the boat charterer is held liable by a third party, the boat charterer shall indemnify the boat rental company from all private and criminal consequences, including all costs and legal prosecutions at home and abroad. The boat charterer takes over the boat at his own risk. The boat rental company is not liable for him or for other people on board.

Links

This website may contain links to other websites. “TimeToSail e.K.” is not responsible and liable for the availability, content, products or other material on such sites. TimeToSail e.K. reserves the right to remove any link at any time. The provider of the page to which reference was made is solely liable for illegal, incorrect and incomplete content and in particular for damage arising from the use or non-use of the information provided on linked pages, not “TimeToSail e.K.”, which only refers to these pages via links.

Article 10 – Dispute Resolution

Once the rental agreement has been formed between the boat charterer and the boat rental company, any dispute relating to the performance or termination of this rental agreement shall be governed by the terms agreed therein and the law applicable to this agreement.

Should there be a dispute, boat charterers and boat rental companies have the opportunity to bring their respective claims to “TimeToSail e.K.” by email to [email protected].

Without a rental agreement concluded between the boat charterer and the boat rental company, “TimeToSail e.K.” cannot consider any claims. Any complaint must be sent to [email protected] within 24 hours after the handover of the boat.

"TimeToSail e.K." acts as a mediator and supports boat charterers and boat rental companies in negotiating an amicable solution and agreement to the best of its ability. Boat charterers and boat rental company undertake to provide “TimeToSail e.K.” with all the documents required to prove their claims.

The personal data that boat rental companies and boat charterers provide to “TimeToSail e.K.” for this dispute resolution is intended exclusively for “TimeToSail e.K.” and is required for the activity carried out as a dispute resolution agent.

Boat rental compnies and boat charterers have a right to information, modification, deletion, objection to processing, restriction of processing and data portability of the data concerning them.

Requests in this regard can be sent at any time to the following email address: [email protected].

Article 11 – Governing Law and Jurisdiction

German law applies to these general terms and conditions.

Disputes between the boat charterer and “TimeToSail e.K.”

In case of disputes related to the interpretation or fulfillment of these General Terms and Conditions, the boat charterer is obliged to bring his complaint to the attention of “TimeToSail e.K.” by email to [email protected].

The boat charterer has the possibility to lodge a complaint on the online dispute resolution platform set up by the European Commission at the following address:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

The European Commission forwards the complaint to the dispute settlement bodies responsible in the respective country, in our case the German dispute settlement bodies.

Disputes between the boat rental company and the boat charterer

For disputes in connection with the interpretation or performance of the rental agreement between the boat rental company and the boat charterer, the law agreed in the rental agreement applies. The courts specified in the rental agreement are responsible.

Article 12. Severability Clause

If any provision of these General Terms and Conditions is found to be void or invalid by regulation or as a result of a final decision by a competent court, all other provisions will remain fully applicable to the extent permitted by the aforementioned decision.