Terms and Conditions
The use of this Website “www.theyachtescape.com” is subject to the Terms and Conditions set out below. The use of the website (hereinafter referred to as the “Website”) presupposes and implies that the visitor/user (or simply “you”) has studied, understood, and accepted all the Terms of Use of the Website. In case the visitor/user does not agree with these Terms, he/she must not use the services and content of the Website.
These Terms of Use may be reviewed and updated at any time. Please check the Terms of Use of the Website from time to time and in particular before taking any action based on the information, services, or procedures contained herein. If you have any questions about these Terms and Conditions, please don’t hesitate to contact us at any time using the contact information page on the website.
The company under the trade name The Yacht Escape, is the main and rightful user of this Website (hereinafter referred to as the “Company”).
By accepting these terms, you agree and accept that the Website assumes no responsibility for the timeliness, deletion, incomplete delivery, failure to store Content, user communications, or personalization settings.
DESCRIPTION OF SERVICES
The Website provides the necessary technological infrastructure for users/visitors to participate in our website. Thus, within the framework of the services offered, the possibility is provided to:
- Yacht Providers: Advertise their fleet.
- Charterers: Rent a yacht. By making a rental through this website, you enter into a direct (legally binding) contractual relationship with the yacht provider. We act solely as an intermediary between you, the ‘Charterer’, and the Yacht Provider, transmitting the details of your rental to the relevant Yacht Provider and sending you a booking confirmation email on behalf of the Yacht Provider.
When offering our services, the information that we show is based on the information provided to us by the Yacht Providers. They are given access to an online system through which they are fully responsible for updating the rental price, availability, and other information which is displayed on our platform. Although we will use reasonable resources in performing our services, we cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our platform or otherwise), inaccurate, misleading, or untrue information or non-delivery of information. Each yacht provider remains responsible at all times for the accuracy, completeness, and correctness of the information (including the rental price and availability) displayed on our platform.
ACCESS AND REGISTRATION DATA
By accepting these Terms of Use and if you wish to upload Content, you will be required to complete a brief form with your name/surname and your personal email address. In the form you submit, you must provide a true, accurate, and valid email address that belongs to you (hereinafter “Registration Data”).
If you provide false, inaccurate, invalid, or incomplete information, or if the Website has sufficient evidence that some data is false, inaccurate, invalid, or incomplete, the Website has the right to block and not allow any current or future use or access to the website by you.
Registration Data is subject to data protection legislation. The website may collect personal information of users/visitors provided on the website. Personal information is considered to be that which can only be used to identify or communicate with users/visitors, especially that collected through various Information Submission Forms. The user/visitor expressly and unconditionally consents to have the above personal information available on the website, where this is required or requested. The Website may use this personal information for informational purposes or to send electronic mail or newsletters to the registered user/visitor, unless the latter wishes otherwise and expressly communicates this to the Website. The Website does not sell the personal information of third parties or of the users/visitors of this website. It also does not transfer or disclose personal information of website users/visitors to third parties, unless the law stipulates otherwise or if it is a contractual obligation necessary for the proper operation of the website and the realization of its functions.
The Website may process part or all of the data sent by users/visitors for statistical purposes and to improve the services and information provided through the website. The user/visitor can contact the administrator of the Website in order to verify the existence of the personal file, its correction, change, or deletion.
Data Collection and Privacy Policy
The Company collects several data from the website, during the process of booking, by means of a contact form, or by the newsletter. Please read our Privacy Policy. We respect your privacy. At any time, you can refuse to store your data by email to info@theyachtescape.com.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
You are aware and agree that the Services provided and the Software used by the Website are protected by the current legislation on the protection of intellectual property. You agree not to modify the Software in any way or form, or use modified versions of the Software, including unauthorized access to the Services. In addition, you have been informed and agree that the content of the website (articles, news, advertisements, sponsorships, etc.) – except for what you submit – is protected by the applicable laws on intellectual property, trademarks, patents, unfair competition, etc. Finally, the right is not given and it is forbidden to reproduce the content of the site without the prior written permission of the site owner.
USER-SUBMITTED CONTENT – USER ETHICS
You agree that all information, comments, data, messages, and any other Content submitted by you is your sole responsibility.
This means that you are fully responsible for the Content you send, publish, or transmit in other ways through the Services offered by the Website. In the event that the Website suffers any damage or is required to pay any amount as compensation to any third party due to the Content you have placed on the website, you will be obliged immediately upon receipt of a relevant notification from www.theyachtescape.com to indemnify the Website in this regard by being obliged to pay any other amount that may be borne by you from the damage you caused to the Website and to which the latter is legally entitled.
The Website undertakes the collection and hosting of the Content with the exception of the videos hosted by YouTube and other providers, and the comments hosted and displayed. However, due to the huge amount of information circulating as well as the participation of so many users, we do not have the ability to physically monitor the Content and therefore cannot under any circumstances guarantee the completeness, accuracy, adequacy, legality, and in general the quality and suitability thereof or the absence of possible errors.
The Website does not control the Content published through the Services and, consequently, does not guarantee the accuracy, integrity, or quality of the Content.
You agree not to use the Services to send, post, or otherwise transmit:
- Content that you do not have a right to transmit under applicable law or your contractual relationships;
- Content that is illegal, threatening, libelous, defamatory, abusive, vulgar, pornographic, racially, ethnically, or otherwise discriminatory, or harmful to minors;
- Content that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any third party;
- Content that constitutes unsolicited or unauthorized advertising material, spam, or other actions that adversely affect the ability of other users to participate in real-time information exchanges, cause interference or interruptions to the Services or servers or networks connected to the Services;
- Content that constitutes an impersonation of any legal or natural person or a false statement about the user’s identity, a misleading statement regarding the relationship and/or collaboration of the user/member with another person;
- Content that contains digital viruses or any other electronic code, files, or programs designed to interfere with, destroy, or limit the operation of any computer software or equipment or telecommunications network or equipment;
- Harassing in any way the privacy and individual and social rights of other users/members or third parties (such as the publication, collection, and/or storage of personal data of other users/members or other third-party natural or legal persons).
You understand and accept the international nature of the Internet and undertake to respect and faithfully observe the rules of Internet etiquette (Netiquette). You also undertake to faithfully follow the legislation regarding the transmission of data from Australia and the European countries to third countries. You accept that the Website does not control the Content in advance but has the right – but not the obligation – at its own discretion to reject, move or delete any element of the Content that violates the Terms of Use.
You accept that the Website is not responsible for any harm or damage caused to users/visitors due to their failure to comply with the terms herein. The Website reserves the right, if it becomes aware of any of the above, to deactivate any such account without any warning to the user. The user of the Website is solely and exclusively responsible for fully redressing any damage suffered by the Website regarding itself or its partners, and/or any third party due to any dispute/dispute/dispute that may arise and will be due to the user’s non-compliance with the terms herein.
You have been informed and accept that the Website may retain some Content, as well as disclose Content: (1) to partner companies in order to make the Content available to you in a more convenient way, (2) to appropriately manage your account, and (3) in the event that this is required to: (a) comply with applicable law, (b) better implement the Terms of Use, (c) prove claims that the Content infringes third-party rights.
RESPONSIBILITY FOR CONTENT
The Website, under no circumstances, can be considered to accept or embrace in any way the personal ideas or perceptions expressed in your Content. You understand and accept that your posting and/or disclosure of any Content does not imply, nor can it be interpreted in any way as advice, direct or indirect encouragement, or suggestion to perform any action, but it is at the discretion of the users/visitors of the Website to evaluate the content posted and to act on their own, without any responsibility of the Website.
TERMINATION
You agree that the Website may terminate your access to the Services provided and/or deactivate your account and/or delete any Content without special reason and without prior notice. You agree that the Website may terminate the access to and/or deactivate your account if you violate any of these Terms of Use.
ADVERTISEMENTS
The Website has absolutely no responsibility for the communication of the user/member with the third-party service providers advertised on the website and for any commercial transaction that may arise from the relationship between them.
LINKS TO OTHER SITES
The Website is not responsible for the content and services of other websites to which it provides links, does not guarantee their availability, and is not responsible for any damage resulting from their use, as the visitor/user gains access to them at his/her own risk.
LIMITATION OF LIABILITY
The Website is not liable to its users for any damages that may arise from the execution or non-execution of their orders, from the delay in the execution, or for any reason not caused by the fault of the Website. The Website reserves the right to the delivery time of the goods in cases of force majeure.
The Website shall not be liable to users/customers for damages that may arise from the non-execution of an order due to their fault.
The Website provides the Content (e.g. information, names, photos, illustrations, etc.) “as is” and without any kind of warranty, express or implied, as to the fitness of the Content for any use, non-infringement, suitability, completeness, availability, compatibility, or security. In no event shall the Website be liable for any legal, civil, or criminal claims or for any damage (direct, special or consequential, which is indicative and not restrictive, alternative or cumulative loss of profit, data, lost profits, compensation, etc.) suffered by the visitor/user of the Website.
The website, its employees, or other representatives shall have no liability, under any circumstances, for any consequential, incidental, indirect, special damages or expenses, or penalties, including, but not limited to, lost profits, interruption of business activities, loss of information or data, or loss of clientele, loss, or damage to property, and any claims of third parties arising out of or in connection with the use, copying, or presentation of this website or its contents or any other linked website, regardless of whether the Website was advised, knew, or should have known of the possibility of such damages.
USE OF COOKIES
The Website may collect identification information of users of the website using corresponding technologies such as cookies and/or the monitoring of Internet Protocol (IP) addresses. Cookies are small text files stored on the hard drive of each user that do not take notice of any document or file from his computer. They are used to facilitate user access to specific services and/or pages of the Website for statistical purposes and in order to determine which areas are useful or popular. This information may also include the type of browser used by the user, the type of computer, its operating system, Internet service providers, and other such information.
Users can configure their web browser in such a way that it either warns them about the use of cookies on specific services of the Website or does not allow the acceptance of the use of cookies under any circumstances. If the user does not wish to use cookies for his identification, he may not have further access to such services.
APPLICABLE LAW AND OTHER TERMS
These Terms of Use, and any amendments thereto, are governed by and construed in accordance with Australian Law. Any provision of these terms found to be contrary to the law shall cease to have effect, without affecting the validity of the other terms.
The competent courts of Sydney, New South Whales, Australia are responsible for resolving any dispute arising out of these Terms of Use.
