Legal notice

TERMS OF SERVICE

GENERAL PROVISIONS

 

1          Purpose of the SEARADAR Online Service

 

1.1       The SEARADAR online service offers its users a platform on which clients search for yachts according to the given parameters. The SEARADAR service user can get access to necessary information on this website, check the accessibility, availability and make a request for renting a yacht.

1.2       The boat supplier shall be hereinafter referred to as the Owner, while the person looking for a boat shall be referred to as the Customer. The term “User” shall refer to both the Owner and the Customer.

1.3       The SEARADAR online service provides information services. This service does not rent yachts out or gain commercial benefits from clients. The SEARADAR online service is not legally involved in the execution of contracts between users (the Owner and the Customer). The signing of contracts is carried out directly between the Owner and the Customer.

1.4       SEARADAR undertakes to provide services connected with the easy and efficient yacht search process. The information is displayed based on the data provided by the Owners. While we try to ensure that all information about yachts is as accurate as possible, we are not able to confirm or guarantee that all information is accurate, complete and correct. The Owner shall be fully responsible for the accuracy of the submitted data.

1.5       With the help of the SEARADAR online service, rental requests are passed automatically from the Customers to the Owners of yachts.

1.6       SEARADAR provides its users with an opportunity to book (reserve) desirable yachts free of charge.

1.7       SEARADAR offers the owners the opportunity to advertise their boats on the online platform stating descriptions, specifications, photos, prices and availability.

1.8       SEARADAR offers its clients yacht search and reservation services, as well as renders consulting services by email, skype or other specified means of communication.

 

2          Using the SEARADAR Online Service.

 

2.1       The use of the SEARADAR online service is voluntary and free of charge. By using our services, you agree with these "Terms of Service".

2.2       When ordering a yacht, the Customer must provide accurate, current and complete information. The data should always be correct and up to date. The SEARADAR Service Administration keeps confidential all your data. The necessary personal details shall be passed only to the Owners of yachts for the execution of a charter contract.

2.3       Using our service, you agree to provide accurate, current and complete information during the ordering process.

 

3          User’s Duties and Obligations

 

3.1       You must ensure that the information specified in the order is accurate and current. The order shall be made in your name. Your order shall not be transferred to another person.

3.2       You are responsible for all the activities associated with the use of the SEARADAR online service and the order of yachts.

3.3       The Owners must provide yachts for the Customers within the agreed time limits. To do so, the Owners and the Customers have to be agreed. The SEARADAR online service serves as the online platform through which the communication between the Customer and the Owner of the yacht or yachts is carried out.

3.4       The ship Owner shall be responsible for the provision of a detailed and timely description of the boat. Thus, at least, the Owner must provide the information requested by SEARADAR and adequately describe their yacht(s). Furthermore, the Owner shall indicate such additional information as the deposit amount, the cost of final cleaning, etc. All such information is displayed on the SEARADAR website.

3.5       The Owners agree and acknowledge that they shall be liable for their actions and omissions, as well as responsible for the actions or omissions of any user of the rented yacht on the client’s request.

3.6       All service users are responsible for their content. Thus, they assume all the risks associated with the non-relevant content.

3.7       The received personal details shall be applied for personal non-commercial use. Having received a rental request, we ask you to provide complete and accurate information about you, including contact details and passport data for the execution of the charter contract.

3.8       You may not impersonate another person. You may not act on behalf of another person, specify an email address that is not yours, or execute the charter contract for another person without the prior approval of SEARADAR. When ordering a fleet of several yachts, the rental conditions shall be agreed upon with SEARADAR by email or through the feedback form.

 

 

4          Rental Rules

 

4.1       The SEARADAR online service provides its clients with the information that complies with the specified requests in the best possible way.

4.2       Notify us of the boat you are interested in by clicking on "Book".

4.3       We will file a request at your option to the boat Owner (advance booking), and, as a rule, the boat will be reserved for you for a period of 24 hours to a week, depending on the season. Please keep in mind that the availability of the boat is not guaranteed until you complete the final booking.

4.4       After the Owner confirms the availability of the yacht of your choice, we will send you a booking form with all the details. If the yacht chosen by you is not confirmed by the Owner – we will notify you of the cancellation of your order.

4.5       To place an order after having received the confirmation from the SEARADAR service, you must make the first payment, which is generally equal to 50% of the order amount, unless otherwise stipulated in the charter contract.

4.6       You must fill in the part of the form with your personal information and send it to us, following which you will receive an invoice for payment (invoice) from us. After the payment is made, you must send us the confirmation of payment (a bank payment order or an electronic payment receipt) to the email address: hello@searadar.com. We will notify the boat Owner of the client, who has booked the boat.

4.7       The remaining 50% of payment shall be paid 45-30 days prior to the acceptance of the boat, unless otherwise stipulated in the charter contract.

4.8       Along with the second confirmation of payment, you must send information on all passengers (crew-list): full name, date of birth and passport number, as well as the master’s license if you charter a yacht without a captain and crew.

4.9       A voucher with rental details, contact person at the place of the charter and contact telephone number will be sent to you by email. You must print the voucher and have it with you at the time of acceptance of the boat.

4.10     If the order is confirmed less than one month before the departure date, the total rental amount under the charter contract shall be paid at the time of booking confirmation, unless otherwise stipulated therein.

4.11     In case of cancellation of the rental due to the fault of the Customer, the prepayment shall not be refunded, the yacht selection, booking and prepayment services shall be considered to be rendered. Please refer to the clause 13 for additional terms for the cancellation of the order. 

4.12     All additional details regarding the payment terms, the possibility of yacht replacement and other details are to be stated in the charter contract between the Owner and the Customer.

 

5          Modification of the Website and Terms of Use

 

5.1       SEARADAR reserves the right to modify, update, close, or delete information at any time without prior notice and without incurring any liability for the web pages whenever it is deemed to be reasonable considering the interests of SEARADAR.

5.2       SEARADAR reserves the right to amend the "Terms of Service" at their own discretion and when required.

 

6          General Characteristics of Services

 

6.1       SEARADAR serves as a search system, and acts as an intermediary between charter companies and the renter (the Customer).

6.2       The objective of this Internet resource is to inform users about the services offered on SEARADAR. All subsequent agreements and the final contract shall be made by email, telephone or through other means of communication, appearing on the website.

 

7          Price

 

7.1       Prices for the yacht rental are to be specified on the website and be valid during the period of time while they remain available to users. The SEARADAR online service does not charge clients for the search services rendered.

 

8          Method of Payment

8.1       The Customer can pay for the order by bank transfer against the issued invoice to be sent to the Customer after the confirmation of availability of the yacht or by using a credit card.

 

9          Security Deposit

 

9.1       After signing the charter contract and prior to the acceptance of the yacht, the client must pay a deposit in order to guarantee the coverage of any accidents, breakage, cracks and other damage, as well as the operating conditions, such as maintenance and cleanliness of the boat, as well as the possible delays in vessel redelivery. Detailed information and the amount of the security deposit are to be indicated in the charter contract with the Owner.

9.2       The security deposit can be paid using a credit card or in cash at the place of acceptance of the yacht. The place of acceptance of the yacht and contact details of the charter company shall be specified in the voucher.

9.3       The security deposit shall be returned after the boat is inspected and found to be in good order and condition.

9.4       If the charter contract contains no information about the security deposit, such deposit will not be necessary.

 

10  Check-in of the Yacht

 

10.1     Before accepting the yacht, the client shall have the right to inspect the vessel with a representative of the charter base in order to ensure that the vessel and its equipment are in good operating condition. Once the boat is delivered to the client and comes into operation, the client thus acknowledges that the boat is in perfect operating condition and is accepted by them.

10.2     The boat shall be delivered to the client with the full supply of water, fuel, battery, and engine oil, which also must be returned in full, unless otherwise specified in the charter contract. A bilateral boat equipment inventory and inspection report shall be signed between the Owner and the Customer.

10.3     The yacht shall be delivered to the Customer at the place specified in the charter contract.

10.4     Any delay in the delivery of the yacht due to the fault of the client shall not entail any extension of the rental term.

10.5     If the Check-in of the yacht is delayed due to bad weather conditions, no reduction in rental cost, as well as no extension of the contract term shall be granted.

 

11        Possibility of Yacht Replacement

 

11.1     Yachts are chartered by category, class and size. The charter company in rare cases can provide the client with a boat similar to the one that is specified in the contract in terms of size, year of manufacture, etc., if due to an accident or breakdown the boat specified in the contract is not in a condition suitable for further operation.

 

12        Check-out of the Yacht

 

12.1     The late check-out shall result in the payment in the form of a double daily rate for each day of delay, as well as any possible penalties that the charter company may demand as a result of delay in the delivery of the boat. Weather conditions do not justify the late return to the home charter base.

12.2     The boat must be check-out at the same place and within the time limits specified in the charter contract, except when special circumstances indicate otherwise.

12.3     At the time of check-out, the boat shall be inspected in order to check the equipment and make sure that there are no failures and breakdowns, tears, breaks or cracks. Technical maintenance and cleanliness shall also be checked, and the levels of fuel and water tanks shall be verified to ensure that they are full. Any expenses incurred by the charter company when bringing the vessel and its equipment into the condition in which they were at the time of delivery shall be deducted from the security deposit.

 

13        Refusal of Services

 

13.1     In case of refusal of services, the terms, amounts and time limits set out in the charter contract are of predominant importance for the resolution of the issue regarding compensation for the incurred expenses.

13.2     If for any reason it is impossible to apply the article 13.1, the expenses connected with the cancellation of services are to be paid as follows:

  1. a) Cancellation of the order no later than 90 days before the date of commencement of services: the amount of 70% of the total cost of ordered services shall be paid;
  2. b) Cancellation within less than 90 days before the date of commencement of services: the full amount of 100% of the cost of ordered services shall be paid.

13.3     SEARADAR charges a fee in the amount of EUR 100 in addition to the amounts mentioned above for the servicing and processing of the order in case of refusal of services.

13.4     The refusal of services must be expressed in writing through the customer support service by email: hello@searadar.com

13.5     SEARADAR informs you of the possibility to effect a policy of insurance when renting a yacht. To get this service, please specify additionally the need for such policy in your order of the yacht.

 

14        Right to Terminate the Contract

 

14.1     The failure to comply with the payment terms shall be the cause of termination of the contract and of suspension of cooperation. SEARADAR shall notify the client of the termination in writing, and the paid sum of money shall be kept in favour of SEARADAR.

14.2     The misuse of the yacht, the violation of the terms of use set out in the general terms and conditions of the contract and the violation of the legislation shall give a reason for the automatic termination of the contract and the termination of services.

 

15        Rules for the Use of the Yacht

 

15.1     The client shall use a boat in accordance with the current legislation of the country where he is. The Customer assumes all responsibility for any possible violations that may occur while using the boat.

15.2     The client must present the documents and licenses that are required by the charter company for the provision of services. If the charter base believes that the client lacks the competence, or they do not have a master, the base can hire a master at its own discretion. The client shall pay all costs in accordance with the current tariffs.

15.3     Permitted areas for navigation shall be specified in the charter contract subject to the master’s license. The Customer shall not sail to other areas without the written permission of the charter base. The boat control shall not be transferred to anyone other than the person specified in the contract.

15.4     The client must use the boat for individual purposes with the crew, which is specified in the charter contract, and shall not engage in commercial activities; the subrental of the yacht is prohibited.

15.5     It is prohibited to transport by boat the number of people exceeding its capacity. The detailed technical information (including about the capacity of the yacht) is given on SEARADAR.

15.6     Additional (optional) expenses are not included in the rental cost, such as food, airport transfers, extra supply of fuel and water above the limit, payment for moorage outside the home charter base, and other additional services not requested under the charter contract. If necessary, you can also optionally order the services of master, cook, VHF operator, master’s assistant, etc. You can order additional sails (spinnaker, gennaker) or additional navigation equipment, diving equipment or additional sets of bed linen.

15.7     Prices for additional (optional) services are to be set separately in each charter company, and SEARADAR assumes no responsibility in relation thereto. The client is recommended to study the price list in advance before the trip, and to be aware of the costs for moorings, anchors, port charges, local taxes and entrance fees to national parks. SEARADAR shall not be liable for the incidents which therefore may occur.

15.8     The client must inform SEARADAR and the charter company, with which the yacht is rented, of any accidents, damages or losses as a result of which the boat has been or may be damaged.

15.9     SEARADAR shall be released from liability and losses that the Customer may cause to third parties or objects resulting from the use of the boat.

15.10   The Customer shall determine the travel route together with the master or the base manager. The route can be changed due to the upcoming weather conditions. In this case, the client is not required to notify of the changes in their route.

15.11   After making the payment, the client accepts, without limitation, each of the clauses of the present terms of use of the boat and understands that the failure to comply with such clauses may result in the need to compensate for any possible damage or loss as well as in the termination of the contract with SEARADAR without the right to demand to refund the amount paid.

 

16        Claims and Complaints

 

16.1     A complaint shall be filed during the trip or at the time of delivery of the yacht from the charter company to the Customer. A complaint or a claim shall be filed in writing and accompanied by the document, which the charter base requires for this purpose. The complaint must be signed by the client and the charter base manager and sent to the charter company under the valid charter contract within maximum 3 days after the end of the trip. The copies of the claim shall be sent for general information to the email address: hello@searadar.com

 

17        Jurisdiction and Applicable Law

 

17.1     All disputes between the charter company and the Customer shall be governed by the local laws and pursuant to the signed charter contract.

17.2     For the resolution of disputes concerning the interpretation or jurisdiction, the indicated disputes shall be subject to the jurisdiction and competence of the maritime authorities.

17.3     These agreements between the users and SEARADAR shall be regulated by the Estonian legislation at the place of location of SEARADAR.

 

18        Privacy Policy

 

18.1     We appreciate your confidence placed in SEARADAR when making a pre-order for the rental of the yacht. For this reason, we are constantly protecting the privacy and confidentiality of your personal data.

18.2     The SEARADAR’s strict security procedures are designed to prevent the abuse and unauthorized access to personal data. SEARADAR contains the personal data files which include the personal data obtained by using the register, the purpose of which is statistical information to send promotions and to maintain relations between SEARADAR and the users.

18.3     The user after the order completion warrants that their information is used for the purposes described above. In addition, SEARADAR having such consent can publish users’ reviews and photos associated with the rental of boats.

18.4     When filing a request to rent a boat, you have to fill in a form with your personal details. This information is necessary to process your rental request (as well as to send the request by email to check the possibility of rental). The Сompany reserves the right of unilateral information about the stocks, discounts and proposals for rent a yacht on the remaining contact data of Client. The Client is entitled to renounce such information, written notifically about this to SEARADAR.

18.5     In order to send the rental request, you must provide your name and contact details in the request form.

18.6     The data transfer is carried out by the charter companies located abroad as well (international data transfers), so you consent to the transfer of your data to the owners of selected yachts for the purposes and objectives stated above. Such owners can be located anywhere in the world.

18.7     The consent to the data processing shall not be cancelled until the client refuses the same by notifying thereof in a written revocation.

 

 

19        Your Responsibilities

 

19.1     The use of the SEARADAR website means that you accept the legal terms that are posted on this website.

19.2     The information displayed by the clients on SEARADAR must be factual. For this reason, all clients must agree and ensure that all information is factual. Otherwise, they will not be able to execute a rental agreement, since the data is invalid and may not be processed during the rental request processing.

19.3     If you rent a boat, which requires a valid master’s license, but you're not going to hire a master, you will be required to provide the information certifying your maritime skills. SEARADAR shall have the right to request the number and a copy of your master’s license.

19.4     If you do not want to receive information about hot offers and discounts from SEARADAR, you shall report it to hello@searadar.com. Once we receive your request, we will cancel the newsletter.

 

 

20        SEARADAR’s Responsibilities

 

20.1     SEARADAR shall not be responsible for the accuracy, reliability, completeness and timeliness of the information provided by the boat owner. It shall also not be liable for the errors that may be contained in the information on services, and shall be under no obligation to check or control the content and the information.

20.2     SEARADAR offers the information service only. The Owners and the Customers have the opportunity to communicate directly and discuss their questions and technical details. SEARADAR is not responsible for any damage and misunderstandings that may be caused by the quality, price, content and availability of the rental services rendered by charter companies.

20.3     SEARADAR shall not be a party to any agreement between the Owners and the Customers; it is not a boat rental agency. SEARADAR has no control over the behaviour of the Owners, the Customers and other users of the website, and assumes no liability in this regard.

20.4     SEARADAR reserves the right to modify, reject or delete comments in the mass media. SEARADAR can also change without prior notice the design and content of the website and services.

20.5     SEARADAR gives the user the right to unilaterally refuse the services of this website.

20.6     This provision may be amended at any time in order to reflect recent changes.

 

21        Use of Cookies

 

21.1     To improve our service, we use cookies, a hit counter, and other ways to collect non-personal identified information (such as Google Analytics or Yandex.Metrika).

21.2     Cookies are text files, whether temporary or permanent, and are used for the identification, the session tracking and the maintenance of specific information about the users of our website, such as preferences for the use of the website. The information we get from these cookies is completely anonymous.

21.3     Using this information, we can analyze the behaviour of clients on the website, the use of templates and site structures. Thus, we can improve our services in the future, such as content, personalization, and make the website easier to use.

21.4     We do not use tracking and personal information collection tools secretly, without your permission, and do not send information to third parties or marketing platforms, and do not associate this information with personal details.

 

22        Marketing Materials

 

22.1     After the order placement, you will receive an email from hello@searadar.com. This email address is the official channel of communication between the Customer and the SEARADAR online service.

22.2     We will contact you by email from time to time to provide you with new information about possibilities and offers.

 

23        Contacts

 

23.1     If you have any suggestions or comments on the website, or reviews about our work, please send an email to hello@searadar.com.

 

24        Legal Information

 

WEBSITES: WWW.SEARADAR.COM / WWW.SEARADAR.RU

SEARADAROÜ, 76805, Estonia, Harjumaa, Paldiskimnt 16-36

 

25        Ownership and Use of Content

 

25.1     The information obtained on our websites searadar.com and searadar.ru shall be treated as personal confidential information. To file a rental request, the user guarantees the authenticity, accuracy and reliability of all data provided.

25.2     The terms of use of the SEARADAR online service regulate the access to and the use of the website, its content and services available to the users. Furthermore, they are to be accepted by the users visiting the website. The user shall declare that he/she is of legal age and has the legal capacity to accept the terms of this service.

25.3     All images, logos and texts on this website belong to SEARADAR. The images, logos and information relating to the boats belong to their respective owners. The total or partial reproduction of such images, logos or information without the consent of their owners is not permitted.