Terms of Use

Terms of Use | Sailingscanner terms of use

Sailingscanner is a global instant online boat rental search service. Sailingscanner is not a travel agent and is not responsible for providing, or for setting o/r controlling the prices applicable to, any of the travel options or products (such as boats, yachts etc.) which you may search for, find on via Sailingscanner services . All such Third-Party Travel Products are provided by independent travel agents, charter companies, brokerage companies, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties.

These terms and conditions ("Terms") govern your access to and use of the Sailingscanner services and, together with our privacy policy, constitute a lega/l agreement between you and Sailingscanner. By downloading, accessing or otherwise using the Sailingscanner services , you are confirming that you have read, understood and agreed to these Terms and those of the privacy policy

Some of the Sailingscanner services impose different terms and conditions on your use of those services. Where that is the case, you will be clearly notified o/f that and will be required to confirm your acceptance of those terms and conditions, which will operate in place of or in conjunction with these Terms as appropriate.

We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via Sailingscanner services and you will be considered to have accepted any amendments if you continue using Sailingscanner services after the amendments are displayed.

If you do not accept all of these Terms then you should not use Sailingscanner services.

Using Sailingcanner Services

You may only use Sailingscanner services in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms/, we grant you a non-transferable, non-exclusive license to download, access and use Sailingscanner services for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such license to you subject to you agreeing that you shall not:

a) use Sailingscanner services for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscen/e or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trademark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Sailingscanner;

b) use Sailingscanner services for any commercial purpose or in any manner which may cause damage to Sailingscanner or bring Sailingscanner into disrepute;

c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via Sailingscanner services, except as permitted by law;

d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use Sailingscanner services, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of Sailingscanner services;

e) use or interfere with Sailingscanner services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere wit/h other users;

f) introduce onto, or transmit via, Sailingscanner services any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock;

g) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on Sailingscanner services or pass off or attempt to pass off Sailingscanner services as the product of anyone other than Sailingscanner;

h) use any automated computer program or application to scan, copy, index, sort or otherwise exploit Sailingscanner services or any part thereof.

When you sign up for any feature of, or use, the Sailingscanner services that requires the use of a login account or password, you agree that you shall b/e responsible for keeping those passwords and login details confidential and secure. If you become aware, or suspect for any reason, that the security of your login details has been compromised, please let us know as soon as you can.

Sailingscanner services are not intended for children under 13 years of age, and no one under the age of 13 may provide any information to, on or vi/a Sailingscanner services. We do not knowingly collect personal information from children under 13, and if we learn that we have collected or received personal information from a child under 13, we will delete that information in accordance with our privacy policy.

To the extent that any element of Sailingscanner services is hosted on a third-party website (for example, Facebook or another social media website) and there ar/e separate terms and conditions of use relating to that third-party website, you agree to fully comply with such terms and conditions.

Sharing information with us

We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personally identifiabl/e information which you submit to or via Sailingscanner services may be used by us in accordance with our privacy policy. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms and with our privacy policy.

To the extent that Sailingscanner services allow you to post, upload, transmit or otherwise make available any information, images, video, or other data wit/h Sailingscanner or other Sailingscanner users (“User Content”), you agree that:

a) you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything that you do not have the permissio/n or right to share and for which you cannot grant the license referred to in paragraph (b) below in respect of;

b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Sailingscanner and its grou/p companies a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing Sailingscanner services;

c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backup/s of any such User Content if necessary.

To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of al/l intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion. You can provide feedback to us by sending us an email.

Sailingscanner's property

Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Sailingscanner services (together, the "Intellectual Property Rights") are owned by or licensed to Sailingscanner. You acknowledge that by using Sailingscanner services, you will not acquire any right, title or interest in or to Sailingscanner services or in or to the Intellectual Property Rights, except for the limited license to use Sailingscanner services granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of Sailingscanner services in source-code form.

Other people’s property

We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on Sailingscanne/r services, please send a written notification of such infringement to the address stated at the beginning of Terms to the attention of our ‘General Counsel’.

Price accuracy and warranty disclaimer

Your use of Sailingscanner services is entirely at your own risk. Although we enforce strict "price accuracy" policies with all partners who provide us with travel data and endeavor to ensure that the content displayed on or via Sailingscanner services is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide Sailingscanner services on an "as-is" basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that Sailingscanner services (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.

Payments and Partnership

The subject of the contract is the boat entry and the offer or amendment of the current Partner’s boat listing in the Sailingscanner website.

The contractual relationship is a result of the Partner registering online at www.sailingscanner.com/become-a-partner. The Partner must register with the requested data in the registration form on Sailingscanner Partnership. After completing the registration, the activation of the Sailingscanner Partnership account will follow.

Sailingscanner accepts the contract via confirmation (by e-mail) of a successful registration in Sailingscanner Partnership. The Partner must check their uploaded content for correctness immediately after activation. Any errors must be reported immediately or corrected. The Partner is responsible for the correctness of their data. The Partner will only upload information and photographic materials that do not infringe upon the rights of third parties.

Sailingscanner offers the Partner, upon payment of an individually determined fee, the possibility of obtaining specific information and offers relating to his registered boat(s). Details and individual costs (such as, for example, the registration of specific boats etc.) can be tailored individually by the Partner within the framework of the registration process. By sending the registration form the Partner makes a binding application for his boat(s) to be admitted into Sailingscanner. With confirmation (by e-mail) of the successful registration in Sailingscanner accepts this application. The Partner must check the contents registered for accuracy immediately after activation. Any errors are to be reported and/or corrected straightaway. The Partner himself is responsible for the accuracy of the content of his data. The Partner uploads only information and image material that does not affect the rights of third parties.

Terminating the participation Sailingscanner Partnership is made possible when the Partner sends Sailingscanner an e-mail ([email protected]) declaring the termination of participation in Sailingscanner Partnership and then receives a confirmation e-mail from Sailingscanner. After termination of the contract, the Partner can request the deletion of their entry from Sailingscanner. The Partner can send this deletion request at any time with a corresponding message by e-mail to [email protected]

The Partner can only request the deletion of the data that they made available. Contents of third parties, in particular from participants in the Sailingscanner Community and the general boat entry, are not affected by the deletion.

Sailingscanner reserves the right to develop, amend and update the design, functionality and abilities of Sailingscanner Partnership from time to time, as well as make adjustments to the software. Sailingscanner will inform the Partner about these instances in their account as well as by e-mail. Sailingscanner does not take responsibility for the error-free usage of the Sailingscanner websites.

For the use of the Sailingscanner and become a partner, you must make a payment of an individually determined fee. The campaign shall run with the beginning of the payment in the relevant date until the sum of the paid budget has been reached.

As soon as the limit stated has been reached by the CPC set by Sailingscanner, the campaign will automatically be stopped by Sailingscanner, and the Partner will receive a notification that your limit has been reached in the relevant date. If the Partner make a new payment, the campaign will start again. If the Partner does not make a payment in the relevant date, Sailingscanner will immediately remove the Partner’s boats from the Sailingscanner website. Moreover, Sailingscanner explicitly reserves the right to assign the claim and to have it asserted by third parties (such as debt collection agencies etc.).

The Partners are obliged to check the invoice immediately and to raise any objection with Sailingscanner about any potential discrepancies within 3 days in writing (email shall be deemed sufficient, [email protected]). If no complaint about the invoice is made within this period of time, then the invoice shall be deemed accepted.

Making travel reservations via Sailingscanner

Sailingscanner is not a travel agent and is not responsible for providing any travel options displayed via Sailingscanner services or for setting or controllin/g the prices we display. Any Third-Party Travel Products that you find via the Sailingscanner services are provided by independent travel agents, charter companies, brokerage companies, tour operators or other third parties (“Travel Providers”). Sailingscanner facilitates your reservations with Travel Providers but is not responsible and has no liability to you as regards such reservations. The identity of the relevant Travel Provider and the terms and conditions applicable to your reservation with them (“Travel Provider Terms”) will be notified to you at the time of reservation and you should ensure that you read and fully understand them before completing your reservation. The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event something goes wrong. You agree to comply in full with all applicable Travel Provider Terms.

Limitations and exclusions of liability

These Terms set out the full extent of Sailingscanner's obligations and liabilities with respect to Sailingscanner services.

Sailingscanner has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of Sailingscanner services (including/, without limitation, any Travel Provider). In the event that you encounter any problems with any reservation you make or attempt to make via Sailingscanner, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Sailingscanner. When Sailingscanner services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may see advertising material submitted by third parties on Sailingscanner services. Each individual advertiser is solely responsible for the content of it/s advertising material and Sailingscanner accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Sailingscanner services; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, Sailingscanner services or any content contained provided therein.

Subject to these Terms and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these Terms or your acces/s to, use of, or inability to access or use, Sailingscanner services shall be limited to the sum of $100 (one hundred dollars).

Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulen/t misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.

Your liability to us

Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of Sailingscanner services or breach of these Terms.

Termination

Sailingscanner may, at its absolute discretion, immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have /a log-in account, by cancelling your membership and your access to your account. Sailingscanner may suspend your use of Sailingscanner services without notice at any time, without incurring any liability to you whatsoever.

General provisions

You acknowledge that your unauthorized use of Sailingscanner services may result in irreparable damage and injury to Sailingscanner and/or its affiliates o/r licensors for which money damages would be inadequate. Consequently, in the event of such unauthorized use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Sailingscanner services.

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

These Terms represent the entire agreement between us and you and they supersede and replace all and any previous terms, conditions, agreements and arrangements i/n respect of your use of Sailingscanner services.

We will act promptly to any indications that User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of o/r suspect that works belonging to you have been infringed, please write to us at the address provided below, to the attention of our ‘General Counsel’.

Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.

A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.

Irrespective of the country from which you access or use Sailingscanner services, to the extent permitted by law, these Terms and your use of Sailingscanne/r services shall be governed in accordance with the laws of Turkey and you are considered to have submitted to the non-exclusive jurisdiction of the courts of Turkey to resolve any disputes which may arise hereunder.