1. General Terms

The Marenauta Platform ("we") is an online marketplace that enables users and certain third parties (Suppliers) who offer services to publish such Services on the Marenauta Platform (“Listings”) and to communicate and transact directly with users that are seeking to book such Services. The Supplier may publish the offered services directly on the Marenauta Platform, or trough third-party platforms (“Booking Systems”) to which both parties have access. In any case, the information entered by the Suppliers remain under their responsibility. The Services may include temporary use of boats, sea experiences, sea cruises and various other related services.

The Marenauta Platform, does not own, sell, resell, provide, control, manage, offer, deliver, or supply any Services, nor is an organiser or retailer of travel packages under Directive (EU) 2015/2302. The Suppliers alone are responsible for their offered Services. When users make or accept a booking, they are entering into a contract directly with each other. Marenauta is not and does not become a party to or other participant in any contractual relationship between Members, nor is a travel agency, tour operator or insurer. Marenauta is not acting as an agent in any capacity.

Visualizing certain products on its website Marenauta.com does not make an ultimate offer of the latter (boat charters). As all the listed products are subject to availability, prior to concluding an agreement with you we will have to obtain a written confirmation of vessel availability from one of the relevant charter operators. Thus the errors may occur on an extremely rare basis, when for example such parameters as price, product type, service or any other parameter may be visualized or depicted incorrectly or inaccurately. In such case we reserve the right not to sign and cancel (or agree upon in a different way) the contract containing such error. Herewith we confirm that you will not be liable for any inconveniences arising from the above situation. Marenauta.com reserves the right to withdraw or amend the service we provide on our website without notice. This website contains material which is owned by or licensed to us. Reproduction is prohibited other than in accordance with the copyright notice valid all over the world. All rights reserved.

2. Limitation of Liability

The contract that regulates the rental and the use of the vessel is between you and the Owner/Charter Operator. The contract will be signed between you and the third party supplier at the time of check-in.

Marenauta.com, like its operators, is not liable for any loss or damage (whether direct , indirect, consequential or punitive damages ) resulting from:

• inadequate information (descriptive) provided at the act of booking on behalf of third party supplier, including information about rates, availability and description of the boat and the equipment
• products and services offered by the third party supplier
• actions (legal), errors , violations, serious crimes, mismanagement, omissions, negligence, misrepresentation, liability for a wrongful act or any other action/fault attributable (wholly or partly) to the third party supplier including cancellation (partial and total ), delays, change of itinerary, change of the vessel, overbooking, strike, force majeure or other events that are not dependent on their direct control
• any action/fault attributable (wholly or partly) to the third party supplier, including potential complaints about the state of wear of the vessel, its instrumentations and its equipment, its state of cleanliness, the quality of the extra services or optional requested.

You are therefore aware that since Marenauta.com has forwarded the payments received from you to the third-party supplier, under no circumstances Marenauta.com will be required to issue any refund or to incur in any additional cost in your favor.

Marenauta.com, like its operators, will never be held responsible for the quality of the service. It is also stated explicitly that Marenauta.com only provides the reservation service and therefore Marenauta.com is entirely extraneous to the working relationship that exists with the crew. Marenauta.com, like its operators, will not be held responsible or issue a refund in the event of damage to personal properties, injuries, losses or additional expenses incurred due to legal proceedings, errors, breaches, faults (serious), omissions, negligence, misrepresentation, civil or strict liability for an unlawful act, or any other action/fault attributable (wholly or partly) to the crew members (such as the skipper, hostess, cook, babysitter, or equivalent).

3. Service Use Conditions

3.1 Yacht description request.

In order to reserve a vessel it’s possible to send an enquiry through Marenauta.com website. The request will then be forwarded to the charter operator, who will check the actual availability of the selected vessel and will contact you back with the final proposal with all the necessary details. The availability of a vessel could be reserved in your favor for a limited amount of time with the opening of a booking option on your behalf, whose expiring date will be notified to you. The charter price shown in the proposal does not include all the incidental expenses, for example: fuel, lubrication oil, water, electricity, port taxes and charges, anchorage and mooring fees, customs and local taxes, marine parks fees, skipper, cleaning, Owner's/Charter Operator's hired crew remuneration, one-way charter fees, radiotelephony equipment costs and everything not listed as included.

The price of the vessel, unless otherwise stated, is inclusive of VAT. VAT is calculated on the basis of the rate provided on the check-in date (providing service) by the tax legislation in force in the country where the third party supplier is based. It is therefore specified that the VAT rate applied at the time of the booking confirmation may be subject to change without previous notice or responsibility by the third party supplier or Marenauta.com. In case of modification of the current tax legislation and the consequent modification of the amount of VAT and the final price of the vessel, the difference in the amount can be charged accordingly.

3.2 Yacht booking process.

By making a booking you confirm that you have read, understood and accepted these terms and conditions that will become legally binding as of that moment. The booking shall be considered officially confirmed once you have paid the charter fee as per Clause 3.3. of these terms and conditions. At the moment of the booking you will be asked to provide all the necessary data and documents to proceed with the booking request. This includes your actual particulars (including your e-mail address and telephone number), a copy of your personal identity documents and everything included in clause 3.5. You shall thus undertake that you and your voyage companions shall have all valid personal identity documents (passports) and regular visas, which you shall present at the checkin in one original copy.

3.2.1 Additional Costs and Services

There are standard costs and additional fees which may be charged upon your reservation, including mooring fees, security deposits, local taxes, transit log fees, final cleaning costs, whose payment will be usually made at the check-in in the local currency (for example the kuna in Croatia), and whose amount and methods of payment will be included in the final charter proposal. Additional costs may be present if you require crew services (for example Skipper, Hostess), or additional equipment (for example outboard motor), or additional services (for example bed linens and towels). The cost will be included in the final charter proposal on your request. In the case where you ask for crew services (for example Skipper, Hostess), it’s required to do so in written form at the time of the booking, because Marenauta.com has to verify in advance the availability of such services, which may or may not be available for the vessel. All the extras and optional services must be requested by filling the given form within 7 days from the check-in date, unless otherwise stated and upon availability. It’s impossible to know the name and contacts of the skipper (and of any of the crew members) before the check-in date; but it is possible to state the requested characteristics in order to choose the best matching profile. Unless otherwise stated the skipper (and any of the crew members) has the right to its own cabin and its food is at your expense. In order to board a domestic animal it’s required to verify in advance the agreement of the Charter Operator/Owner. Usually an additional fee is expected in this case. The charter includes navigation in the territorial waters of the location where the vessel is placed, in some cases it’s possible to navigate beyond national borders. Such a possibility must be stated in advance and additional fees or expenses may be present. In some countries an additional tourist tax may be requested at check-in.

Ubezpieczenie

The vessel insurance will be in accordance with the conditions defined by the insurer upon whom the Charter Operator/Owner insured the vessel. Usually (but not exclusively) the vessels are insured with a kasko (comprehensive) insurance and a third party liability insurance, and an additional amount is required as a security deposit to be paid at check-in (usually in the range 1500€ - 5000€), refundable at check-out. It’s also possible to take out insurance on Security Deposit, signing a contract with an insurance company specialized in nautical field. The insurance premium shall never be in favour of Marenauta.com and does not replace the Security Deposit payment to be made at check-in. If the skipper service is needed, you may be asked to pay a Damage Waiver (which includes a non-refundable amount and an amount refundable at check-out) in place of the Security Deposit (refundable at check-out).

3.3 Payment method.

Bank transfer: in the description of the payment you must indicate the reservation code assigned. The fee of bank transfer is charged to the customer. Upon payment, you must send a copy of the bank transfer by e-mail or fax.

The payment deadlines are as follows.

The booking is made less than 30 days before the check-in;

• 100% (if not specified otherwise) of the yacht charter fee by means of a bank transfer to Marenauta.com at the time of the booking request confirmation.

The booking is made more than 30 days before the check-in:

• 50% (if not specified otherwise) of the yacht charter fee by means of a bank transfer to Marenauta.com at the time of the booking request confirmation.
• 50% (if not specified otherwise) of the yacht charter fee by means of a bank transfer to Marenauta.com at least 30 days before the check-in date.

Your minimum age to conclude the chartering deal shall be over 18 years and you shall be legally capable of making a transaction.

3.4 Booking Voucher

Once the reservation is made, you will receive your booking voucher as a single document representing the reservation. Within the document will set out all your booking details including the details of the boat, the location of the boat, the charter company, the name and phone number of the base manager assigned by the charter company. The document should be printed and presented to the charter company to be able to check-in.

3.5 Vessel Operating Licence.

You shall be liable to guarantee on board at least one nautically and navigationally skilled relatively certified (boating license or VHF certificate) professional (should the skipper service be not included into the booking). In some countries, additional documentation may be required for the navigation (eg. in Greece it is required a second boat license or alternatively a declaration of sailing experience of a second member of the crew). It's your responsibility to provide for it and to present at check-in all the documents required by the law for sailing in the area. The Owner/Charter Operator reserves the right to appoint the Captain. The Captain shall hold and produce on request an appropriate Captain's License. In case of any dispute the Port Authority shall give its irreversible verdict. In case the Captain is not one of the clients; s/he shall be bound to sign this contract.

3.6 Cancellation policy.

Booking cancellation or modification requests and in general any variation from what is stated in the booking Voucher (for example changes in the number of passengers, the vessel model, the check-in/check-out ports or check-in/checkout dates) shall be forwarded to Marenauta.com in writing by means of email or fax. If the booking modification is possible, an administrative fee of 150€ is required and should be paid by bank transfer in addition to any possible difference on the charter amount or on any ancillary cost.

Unless otherwise stated, the cancellation fees will be calculated according to the receipt date of the confirmation in written form (cancellation date), as follows:

• 50% of the yacht charter price, if a booking has been cancelled 30 days prior to the check-in day.
• 100% of the yacht charter price, if a booking has been cancelled less than 30 days prior to the check-in day.
• 100% of the yacht charter price inclusive of any additional costs, if a booking has been cancelled after the check-in date.

If you manage to re-charter the vessel for the required period the Owner/Charter Operator shall charge only the relevant re-chartering fee. In case of no show by midnight of the check-in day without a prior notice the Owner/Charter Operator shall consider this booking void. In case of the violation of advance payment deadline stated in these terms and conditions it shall be reimbursed to the Owner/Charter Operator to cover the losses incurred. In case of the violation of advance or deposit payment deadlines, the Owner/Charter Operator shall be legally authorized to send a formal notice to you advising of the contract termination and stating the precise sum due and payable. In this case the Owner/Charter Operator will be authorized to retain all the payments made as compensation for the breach of contract and the losses incurred.

3.5 Vessel Operating Licence.

Upon check-in you will sign the contract with the charter company that will regulate the use of the vessel in its entirety. Together with the booking voucher can be requested in advance a copy of that contract. Together with the manager must always be based on detailed inspection of the boat and equipment. Be sure to check this and sign by both parties (you and the shipping company) the inventory list which will be provided by the charter company. We recommend paying special attention to this procedure in order to avoid discussion during the check-out. During the check-out the boat will be re-checked and any damages, not in the inventory list signed, will be deducted from the deposit. In the event of equipment failure or vessel during the voyage as soon as possible you must contact the manager of the base with which to make arrangements for the eventual recovery.

3.8 Arbitrage

In case of dispute, and if you are unable to agree with the charter company is recommended to draw up the complaint in writing and sign it by both parties (You and charter company). Usually the contract entered into with the shipping company will be also referred to the court of arbitration which may be contacted in case you cannot reach agreement on a dispute. If it is not in the contract make sure you ask the charter company references such this organ.

3.9 Best Price Guaranteed

Jeśli znajdziesz wybraną czarterowaną łódź przy tych samych warunkach rezerwacji, w ofercie za niższą stawkę, już po dokonaniu rezerwacji - wyrównamy cenę. Wystarczy skontaktować się z nami w ciągu 24h od chwili dokonania rezerwacji, podając szczegóły oferty i adres strony internetowej.

Warunki gwarancji

• Skontaktuj się z nami jak najszybciej poprzez e-mail info@marenauta.com nie później niż w ciągu 24 godzin od dokonania rezerwacji. Twój e-mail powinien zawierać dane kontaktowe oraz adres strony internetowej, na której oferowana jest niższa stawka.
• Oferta z niższą stawką musi być dostępna i możliwa do rezerwacji, kiedy Marenauta.com będzie potwierdzać Twoje roszczenia. Musi to nastąpić w ciągu 24 godzin - 'screenshots', tzw. zrzuty ekranu ze wskazaną ofertą, nie będą akceptowane jako dowód.
• Niższa stawka za tę samą łódź musi dotyczyć internetowej oferty tej samej firmy czarterowej, w tej samej bazie, obejmować tę samą datę dotyczącą rozpoczęcia i końca rejsu, te same warunki rezerwacji.
• Niższa stawka oferty musi być wyceniona w tej samej walucie.
• Marenauta.com dostosuje cenę oferty do niższej stawki, jeśli rezerwacja przez Marenauta.com jest zakończona i nie podlega odwołaniu.
• Jeśli roszczenie jest nieskuteczne, ponieważ nie jest zgodne z naszymi 'warunkami gwarancji zastosowania najniższej ceny, warunki rezerwaci zawieraące zasady anulowania rezerwacji mają nadal zastosowanie.
• Gwarancja najniższej ceny, nie ma zastosowania do łodzi czarterowanych przy zastosowaniu upustu, rabatów Boat Show and Repeated, lub innych specjalnych promocji firmy czarterowej, przez którą rezerwacja jest dokonana.

4. About Marenauta and the support companies

The Service is rendered by Marenauta d.o.o, Ulica Osvobodilne Fronte 1, 6000 Koper - Capodistria, Slovenia, Identification number 8747563000, Tax number: SI78709261.

Marenauta has its headquarters in Slovenia and is supported by affiliated support companies throughout the world, that provide an internal supporting role to and for the benefit of Marenauta. Certain designated support companies render limited customer care support services. The support companies do not have any Platform (and do not in any way control, manage, maintain or host the Platform). You do not have a (legal or contractual) relationship with the support companies.

Last updated 16 September 2014