Sail-Book.com (hereinafter referred as SAILBOOK), owned by HARTIS, is a global online platform connecting Yacht Owners and Fleet Operators (hereinafter referred as OWNERS) with Yacht Brokers, Travel Agents (hereinafter referred as AGENTS) and Yachting Professionals (hereinafter referred as PROFESSIONALS).
Yacht Booking (hereinafter referred as BOOKING) is a firm reservation that the AGENT using SAILBOOK has confirmed to the OWNER on behalf of a client (here-inafter referred as CHARTERER).
When a yacht booking materializes, we refer to it as Yacht Charter (hereinafter re-ferred as CHARTER). The CHARTER involves the CHARTERER, the AGENT and the OWNER and they agree by signing a Charter Party.
Created in 2013 and continuously upgraded since then, SAILBOOK aims at facilitat-ing yacht bookings for both OWNERS and AGENTS, by giving them innovative tools to operate and differentiate themselves in the drastically changing Tourism Industry. SAILBOOK is legitimately hosted in the URL "http://sail-book.com" and provides the following main functionalities:
HARTIS, can decide to grant the right to access and use SAILBOOK to OWNERS, AGENTS and PROFESSIONALS for a specific time period. Furthermore HARTIS has the right to deny access and/or ban users in case of misbehaviour or conflict of inter-ests.
Entry and Modification of Yacht Specifications
The OWNERS or AGENTS after receiving the right to access and use SAILBOOK, may enter their yachts and services in the system's database, either by themselves or with the assistance of HARTIS personnel. The OWNER or AGENT by himself or with assistance of HARTIS fills in all the necessary technical specifications to the re-spective fields on the tab of his yacht creating one unit per yacht profile. The unique profile per yacht should be enriched with the best and most detailed information possible in order to assure competitivity on the global market.
All the technical specifications, descriptions and qualitative characteristics entered during the registration process, segregate, differentiate and categorize the yachts. In case of poor quality of the data entered, HARTIS has the right to request additional information from OWNERS or AGENTS. The registration of a yacht is dynamic, (can be modified online) to always reflect the real condition of the yacht.
HARTIS is not responsible, nor has the obligation to check the quality and validity of the information provided by OWNERS or AGENTS. In case of intentional or in-advertent introduction of inaccurate data into SAILBOOK, HARTIS has the right to remove the concerning yachts from SAILBOOK without prior notice and has the right to seek legal and financial compensation for damages or loss of profits caused by the introduction of erroneous data from the specific OWNERS or AGENTS.
There is no restriction in the number of registered yachts per OWNER.
Visibility of Yacht Data and Company Data
Data hosted by SAILBOOK is visible on the website "http://sail-book.com" as per the rules of web publishing. The visibility of yachts is specifically determined by the OWNER who performs the data entry of the yachts. In accordance with the technical details of a yacht, the visibility can dynamically be set and thus can be modified by the OWNER to always serve his operational needs. SAILBOOK provides the follow-ing functionalities:
Agents Directory, Owners Directory, Crew Directory where all registered users are listed with their contact details according to their role. When subscribing to Sailbook you agree to publish your company data in one or more of the above directories.
OWNERS, AGENTS and PROFESSIONALS can request access to each others profile directly by creating online collaborations. Such collaborations always involve the sending of a collaboration request on one side and the acceptance of the same re-quest on the other side, in order to assure a mutual agreement for data and yacht visibility.
Yacht data is visible to all AGENTS, the OWNER has created a collaboration with.
Yacht data visibility can be restricted also to a specific subset of AGENTS, specified by the OWNER.
Each AGENT, during the process of registration in SAILBOOK, declares his inten-tion to use SAILBOOK data for commercial purposes on websites or applications legitimately owned by him.
OWNERS have the possibility to be informed about an AGENT'S full profile. In case AGENTS intent to use SAILBOOK data on websites or applications legitimately owned by them, this must be clearly declared in their profile. If an OWNER chooses such an AGENT, it is automatically assumed that he has read the AGENT's profile, is fully aware and agrees with the AGENT's intentions of using his yacht's data.
Sending an invitation to an AGENT who has declared his intention to use data in owned websites or applications is the only exception. HARTIS has no responsibility for the way SAILBOOK data is used by AGENTS or OWNERS.
Entry and Modification of Yacht Availability
The OWNER by himself or with the help of HARTIS personnel enters the availabil-ity data of each of his yachts, selecting periods (days, weeks or months) that the yacht is available for chartering, and the price of CHARTER for each of these peri-ods (daily rent, weekly rent, special offers). The OWNER must update the availabil-ity of yachts in SAILBOOK so as to reflect the yacht's actual availability. The OWN-ER or AGENT is obliged to update SAILBOOK, before making any CHARTER agreement of the yacht independently, as long as this chartering changes the yacht's availability displayed on SAILBOOK.
Yacht Pricing Structure
SAILBOOK is a B2B Booking Platform which means that the prices published on SAILBOOK must grant a margin for commission between industry professionals. OWNERS have the possibility to use the following pricing structure for their yachts published on SAILBOOK:
Seasonality: SAILBOOK's seasonality is set by default in 5 different periods (A = peak season to E = low season), following the mainstream seasons of the most fleet operators. Furthermore, OWNERS have the possibility to create their own seasons if they wish.
Payment and Cancellation Policy: The OWNER has the possibility to publish his own payment terms and cancellation policy on SAILBOOK. All AGENTS are obliged to adhere to the terms and conditions the OWNER has published on SAIL-BOOK.
The commission margin between the Gross and Net prices can be defined by the owner himself and is usually ranging between 15% and 25%. For Special Offers the OWNER may set a different commission margin according to his preference. The AGENT'S commission is calculated after deduction of VAT and upon presentation of a commission invoice by the AGENT directly to the OWNER. SAILBOOK does not interfere with the invoicing procedure between OWNERS and AGENTS and the platform does not provide any respective accounting services.
In order to help OWNERS update their yachts' availability correctly and on time, SAILBOOK provides the following tools and services:
Contact Center: Under certain circumstances and upon written agreement with the OWNER, the SAILBOOK system administrator can perform changes on behalf of the OWNER, via telephone, live chat, e-mail or other form of communication between them. For this reason HARTIS provides a customer service for SAILBOOK Users operating from Monday to Friday 9.00 - 19.00. Inability to establish communication with the Contact Center or negligence is not an excuse to the liability of OWNERS and AGENTS for valid and on time update of availability of their yachts' data on SAILBOOK.
Options: An Option is a temporary reservation of a yacht made by an AGENT for a specific period of time. During this period the yacht's status will change into "op-tion" which means that it is not available for the same period until the option ex-pires. During the "option" period the specific AGENT has the priority to convert the option into a booking and change the status into "booked" or release the option and turn the status back to "available". If no such conversion happens the option will be automatically released at expiration (the yacht is changed to the "available" status by HARTIS). The OWNER can alter a yacht's status at any time as long as the affect-ed status is other than "booked". If the OWNER needs to release an option prior to expiration, he should first communicate with the AGENT who is holding the option and ask for his permission to release.
Yacht Bookings: are firm reservations that the AGENT using SAILBOOK has con-firmed to the OWNER on behalf of the CHARTERER. They have the status "booked" in SAILBOOK and can be cancelled only by inserting a specific reason. Yacht bookings are subject to the Payment and Cancellation Policy the OWNER has published on SAILBOOK.
Yacht Charter: when a yacht booking materializes we refer to it as CHARTER, which involves the CHARTERER, the AGENT and the OWNER and they agree by signing a Charter Party. SAILBOOK in terms of a booking tool is NOT stated on the charter party. Regardless of that there is a dedicated space on the platform where AGENTS and OWNERS can upload charter documents and prepare the crew lists.
API (Application Programming Interface / Web Services): If an OWNER or AGENT with a large number of yachts (over 10 yachts) has his own management application, HARTIS can develop on his behalf an Application Performance Interface (API) to connect SAILBOOK with his application for data exchange purposes. In this case all of the liabilities of OWNER or AGENT with SAILBOOK remain the same as he is solely responsible for the proper maintenance and management of the information in his system.
The OWNER or the AGENT is the only party responsible for the accuracy, truth and correctness of data imported or entered on SAILBOOK. In case of false declaration of assets or availability (intentional or unintentional) that will result in financial or other legal and financial dispute with a CHARTERER, the only responsible party is the OWNER or the AGENT. Negligence does not exempt the OWNER or AGENT from this obligation. If the OWNER or AGENT does not follow the guidelines above describing the proper update of yacht data in SAILBOOK, HARTIS has the right to remove any yachts of the particular OWNER or AGENT from SAILBOOK without prior notice, and has the right to request financial compensation for damages, profits lost and disparagement of HARTIS company to its customers.
The cost of SAILBOOK services for OWNERS or AGENTS varies from case to case. The updated and current price list of services is set forth on the website "http://sail-book.com/info/pricing" with the indication "Services Price List."
In general HARTIS reserves the right to modify its pricing policy on SAILBOOK as follows: Changes in the pricing policy are communicated in the table with the indi-cation "Services Price list" once a year during the period between 1/10 and 15/10 of each year. Any changes announced in this period are effective from the date of an-nouncement (or modification) until further notice.
All users are obliged to visit the «Services Pricelist» regularly (at least once a year in 15/10) in order to be informed about any changes in pricing policy. Ignorance of the pricing policy does not justify avoidance of payment.
In case specific users of SAILBOOK have special agreements with HARTIS with specific time frames, special pricing and content, these agreements are valid until their expiration date. After the expiration date, unless extended, OWNERS and AGENTS will be invoiced in accordance to the "Services Price List" of SAIL-BOOK.
The OWNER is solely responsible for the introduction and management of yachts, for the changes in technical characteristics, and for the visibility and availability data of yachts.
In the event of a yacht CHARTER through SAILBOOK the yacht should be delivered by the OWNER according to the specifications and the time agreed with the CHAR-TERER. If, by OWNER's negligence, or due to yacht damage, or due to any other reason, the yacht cannot be delivered as per the agreement, the OWNER is obliged to take all corrective actions, including forms of compensation in accordance to the CHARTER agreement.
The OWNER is the sole party responsible for not fulfilling his contractual obliga-tions against the CHARTERER.
OWNERS and AGENTS should thoroughly study and strictly follow the terms de-fined in SAILBOOK TERMS and the Greek law. Courts to resolve any dispute that may arise in the interpretation, application and enforcement of this are the courts of Athens in Greece.
Users of SAILBOOK (OWNERS or AGENTS) agree not to use it for publication, transmission through e-mail, or transmission with other ways: of content proven il-legal, harmful, menacing, insulting, depreciative, defamating, vulgar, indecent and in any way contrary to the morality, or being the result of privacy infraction of a third party, shows prejudice, or expresses racial, national or other discriminations, may in any way cause damage to youngsters or does not have the right to transmit according to the law or by conventional prohibition (such as confidential infor-mation acquired or revealed as part of working relations or being covered by confi-dentiality agreements), transgressing any patent, commercial trademark, commer-cial privacy, intellectual rights, or other property rights of a third party, contains software viruses, or other kind of codecs, files or programs, which have been created in the aim of disruption, damaging, destruction of the function of any software or hardware, transgresses in any way the applicable Greek and community legislation and its provisions, may harass a third party in any possible way and with any con-tent is used to collect or save other users' personal data.
HARTIS has the obligation to maintain the confidentiality of information of OWN-ERS' and AGENTS' yachts according to the access level settings designated during the introduction of yachts in SAILBOOK.
HARTIS undertakes the responsibility of not using the data entered in SAILBOOK for any other purpose (commercial or any kind) beyond the specific mandates re-ceived from OWNERS and AGENTS through SAILBOOK.
HARTIS is committed to keeping electronic back up copies of data at least once a month. This way it decreases the possibility of data loss from a disaster. The com-pany HARTIS takes security measures to safeguard data based onstate of the art techniques and technologies.
GDPR, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation): OWNERS, AGENTS and PROFFESIONALS shall carry out each of the responsibilities of a controller or pro-cessor (as applicable) under the Data Protection Laws. By entering this agreement, they represent and covenant that they either (a) have met, or (b) will meet, prior to the provision of any Personal Data to HARTIS, all requirements of the applicable law (including, without limitation, the Data Protection Laws) applicable to the col-lection of Personal Data and their provision to HARTIS to enable HARTIS to lawful-ly process such Personal Data consistent.
OWNERS, AGENTS and PROFFESIONALS shall obtain explicit consent of any data subjects in relation to whom they provide HARTIS special categories of personal data as listed in Art. 9(1) of the GDPR for processing as part of the services, provid-ed, however, that with respect to any data subject legally unable to provide such consent, they shall instead obtain consent from an individual authorized to provide such consent on behalf of the data subject unable to provide such consent.
HARTIS bears no responsibility to cover a third party claim, whatsoever, which could arise in relation to the use, operation, copy or falsification of SAILBOOK or its contents or of any other related site by non-authorized parties, no matter if HARTIS was informed, was aware or could be aware of this possibility.
HARTIS takes safety measures to safeguard data, but will not be held responsible for customer data lost, damaged or for data leaks emanating from natural or acci-dental cause or by malicious act.
Both HARTIS and any AGENTS or OWNERS have the right to suspend cooperation, for any reason. Based on who had the initiative for the interruption the following actions should be taken:
If the interruption is requested by the OWNER, HARTIS is obliged to remove from the SAILBOOK database all the yachts of the particular OWNER within one (1) week upon receiving the written notification. All contractual obligations between the two parties cease. The only exception is when yachts have already completed the verification process and there are confirmed CHARTERS pending. These yachts and all contractual obligations of both parties remain in force until final completion of last confirmed CHARTER. HARTIS is obliged to provide in electronic form all records and information of these specific yachts (all information related to the fiscal condition of the yachts at that time). HARTIS has no obligation to return fees re-ceived for fixed services, or any other form of remuneration for service to be provid-ed at a later time. HARTIS has no obligation to retain any historical data of the OWNERS or AGENTS in its databases. However, for fiscal purposes, all financial transactions will remain in HARTIS' systems as required by law.
If the interruption originates from HARTIS, HARTIS can remove from the SAIL-BOOK database all the yachts of this OWNER after one (1) week of notice (through email) for the intention to terminate the cooperation. All contractual obligations be-tween the two parties cease. The only exception is if there are yachts that have al-ready completed the verification process and have confirmed CHARTERS pending. These yachts and all contractual obligations of both parties remain in force until fi-nal completion of the last confirmed CHARTER, after which HARTIS will remove all data from its systems. HARTIS is obliged to provide in electronic form all records and information of these specific yachts (all information related to the fiscal condi-tion of the yachts at that time). HARTIS has no obligation to return fees received for fixed services, or any other form of remuneration for service to be provided at a later time. HARTIS has no obligation to retain any historical data of the OWNERS or AGENTS in its systems. However, for fiscal purposes, all financial transactions will remain in HARTIS' systems as required by law.