Agreement on the use of the SEARADAR online service
This document is an offer by SEARADAR UAB to enter into an Agreement on the use of SEARADAR online service (hereinafter Terms of Service, the Agreement). The Terms of Service regulate the relationship between users when using the SEARADAR online service developed by SEARADAR UAB, defines the rights and obligations of Users and SEARADAR UAB.
The conclusion of this Agreement between the User and the Company is carried out by the accession of the User to the Terms of Service (acceptance of the terms in general) set forth in the Agreement on the use of the SEARADAR. A person who has accepted the offer and meets the requirements set forth hereinafter is also referred to as User, or Client, and the Company and the User (Client) are jointly referred to as the Parties, and the agreement between them is referred to as the Agreement.
The Agreement shall be deemed executed and become effective as of the date of the User's actions as provided in Section 2 of this Agreement. Partial acceptance or partial waiver of the terms and conditions set forth in this Agreement is not allowed.
Terms & Definitions
For the purposes of interpretation of these Terms of Service, the following terms are defined:
Vessels means any floating means of transport, including boats, yachts, trimarans, catamarans and other small Vessels not withdrawn from civil traffic;
Owner means the owner of the Vessel or his authorized representative (charter agency, etc.);
Client means an individual or organization searching for a vessel;
User - The owner, client or other user of the online service SEARADAR; The Company is SEARADAR UAB, which has its registered office at A. Smetonos g. 4-2, Vilnius, LT-01115, Lithuania.\
Date of signing the Agreement - the date on which the Client makes an acceptance of the Terms of Service by any of the methods specified in this Agreement; Website - a page on https://searadar.com
Agreement - this document, including additional terms of service and other documents incorporated herein by reference and made an integral part hereof.
- The Subject of the Agreement
1.1. SEARADAR, acting on behalf of the Owners and provides services to search, reserve (booking) of the Vessels at the request of the Client, provides users of the website https://searadar.com (hereinafter the Website) information platform through which the search for Vessels on the specified parameters, as well as services to charge rates and fees to the Client in favor of the Owners.
The user of the SEARADAR can access the necessary information on the Website, check the availability of Vessels on the given dates, and make an order to the Owner for the rental of a Vessel. By making a reservation on the Website, the Client enters into a direct (legally binding) contractual relationship with the Owner, with whom the rental is made.
1.2. SEARADAR provides Owners with the ability to post information about their Vessels with detailed descriptions, characteristics, pictures, prices and availability, and also accepts money (rates, fees) paid by the Client in favor of the Owner.
1.3. SEARADAR provides Clients with the opportunity of free booking (reserve) Vessels from their Owners.
1.4. Reservation of a Vessel shall be made by the Client by submitting an order. The Client sends SEARADAR an order to search and book a Vessel in the interface of the system or in any other way as agreed by the Parties, including making a request by phone (hereinafter - the Order) and pays SEARADAR the fees and charges in favor of the Owners for the execution of this Agreement. The Order Form is an integral part of the Agreement.
1.5. The Company transmits such an Order to the Owners, and accepts rates and fees from the Clients in favor of the Owners, acting as a client-finding agent, for the benefit of the Principal (the Owner).
- Procedure for concluding agreement
2.1. This Agreement is made between the Company and the User in the form of an adhesion contract. The current version of the Agreement is available at https://searadar.com/legal-notice. Each User has the right to familiarize himself with the current version of the Agreement at any time.
2.2. The following actions, together or separately, should be considered as the acceptance of the terms of this Agreement:
- a) registration actions on the Website, formation of authorization data;
- b) agreeing to the terms (marking of consent to the terms) in the interface of the Website;
- c) identification by entering a unique code sent by the Company to the User; d) placing an Order on the Website;
- e) payment of the invoice.
2.3. Acceptance of the terms of this Agreement means full and unconditional acceptance by the User of all the terms of this Agreement without any exceptions and/or without any limitations and is tantamount to entering into a bilateral written agreement.
2.4. The Company has the right to make changes and additions to the Agreement. The Company sends the User the offer by posting the new version of the Agreement at https://searadar.com/legal-notice and/or by e-mail notification, notification on the Website, or by other means at the discretion of the Company, the new version of the Agreement is also notified when using the relevant services. User understands and agrees that use of the Website after the change of the Agreement is considered by the Company as acceptance of these terms.
2.5. If the Company does not receive a written notification of the User about the unilateral refusal to execute this Agreement within 10 (ten) calendar days from the date of publication of the new version of the Agreement, as well as any transactions by the User using the Website after the specified period, the User is deemed to have accepted the offer of the Company to make changes to this Agreement.
2.6. Refusal to execute this Agreement, termination of this Agreement, or termination of this Agreement for any other reason will result in termination of use of the Website. 2.7. In case of technical impossibility to provide services under the Agreement, the Company has the right to unilaterally refuse to perform this Agreement by sending a notice to the User by e-mail specified by the User during registration. In such case the Agreement shall be deemed terminated after 10 (ten) calendar days after sending the relevant notice. 2.8. The Company's services are considered fully provided at the moment of full settlement between the Client and the Owner.
- Agreement between the Client and the Owner
3.1. The terms of the rental and use of the Vessel, duration of the services, rates, costs, penalties, place and date of acceptance, acceptance procedure and other conditions shall be stipulated in a separate agreement between the Client and the Owner.
3.2. The Company shall not be liable for the relationship arising from the agreement between the Client and the Owner. The Client and the Owner are individual parties to the rental agreement and shall independently settle all the questions, disputes and disagreements arising from such an agreement or in connection with the performance of such an agreement.
3.3. The Agreement referred to in clause 3.1. can be sent to the Client in the interface of the Website at the Client's request for review at any stage of the booking process, by email, or in any other way as agreed by the parties.
3.4. Payment of the invoice by the Client shall constitute an acceptance of the terms of the agreement with the Owner, unless another procedure for signing and accepting its terms has been agreed between the Client and the Owner.
3.5. In the event of a conflict between this Agreement and the terms and conditions of the agreement between the Client and the Owner, the agreement between the Client and the Owner shall take precedence.
- Rights and obligations of the Users and the Company,
4.1. The responsibilities of the Owner:
4.1.1. The Company forwards the Client's Order for booking a Vessel to the Owner. In order to clarify the Order, SEARADAR provides an interface for communication between the Owner and the Client and acts as an intermediary. The Owner makes the vessel available to the Client
at the agreed time according to the Order confirmed by the Owner. Further legal relations between the Owner and the Client are regulated by a separate agreement concluded by the Owner and the Client.
4.1.2. The owner provides a detailed description of the Vessel as well as the information requested by the SEARADAR.
4.1.3. The owner indicates additional information such as: the amount of the deposit, the cost of the final cleaning, and other additional costs or services, if any. All this information is displayed in the SEARADAR.
4.1.4. If the Owner provides services to the Client, the Owner is solely responsible for his own actions and omissions, including the crew, skipper and other persons serving the Vessel or providing additional services on the Vessel.
4.2. Responsibilities of the Client:
4.2.1. When the Client places an Order for a Vessel, the Client shall provide accurate, current and complete information. The Client shall ensure that the information provided in the Order is accurate and up-to-date. SEARADAR shall maintain the confidentiality of personal data. The necessary personal data, including contact details and passport details, shall be forwarded only to the Owners for the subsequent execution of the charter contract or other agreement with the Client. The company is not responsible for the confirmation of the Clients' identity, nor for the information provided by the Clients.
4.2.2. An Order shall be made in the name of the Client. The Client's Order is not subject to assignment or transfer to third parties.
4.2.3. The client is responsible for all activity related to the use of the SEARADAR and for placing a Vessel rental Order.
4.2.4. If the Client orders a fleet of several Vessels or other individual conditions, such conditions shall be agreed by the parties and regulated by a separate agreement. 4.2.5. Provide the Company 30 days prior to the commencement of the rental with all the information about the passengers (crew-list): full name, date of birth and passport number as well as skipper's licence if the Client wishes to rent a Vessel without a skipper. By placing the Order, the Client confirms that he/she is of legal age, legal capacity and has the legal capacity to order the relevant services from the Company.
4.2.6. Make the payment to the Company for the Owner's services timely and on the invoice, upon receipt of the booking confirmation. The Owner's Vessel will be reserved for the Client for a period of 3 days to one week, depending on the season (the duration of the reservation is indicated in the booking confirmation). The availability of the Owner's Vessel is not guaranteed until the Client has made payment. If payment is not received within the aforementioned time limits, the Client's Order and Booking Confirmation will be automatically cancelled. In case of breach of the terms of this Agreement, the Client shall be obliged to pay fines (penalties, forfeits) unconditionally and in due time at the request of the Company.
4.2.7. The Client undertakes to negotiate the terms of service with the Owner, to enter into an appropriate charter agreement with the Owner, and to bear all risks arising from such agreements, as well as those arising from failure to sign such agreements. 4.2.8. The Client undertakes to purchase and obtain life insurance for rental participants of a level not lower than "active recreation" or "extreme sports" and bears all risks in the event of failure to obtain the insurance.
4.3. Responsibilities of the User:
4.3.1. All users of the SEARADAR are responsible for the content of the posted information. Users assume all risks associated with irrelevant and/or inaccurate information, including the risk of order cancellation through the fault of the Client, in the event that inaccurate information is provided.
4.3.2. The User warrants acting on their own behalf. The User may not act on behalf of another person, provide an email address that does not belong to the User, or enter into a charter contract with another person or organisation.
4.3.3. The user declares that he/she is of legal age, has full legal capacity and is legally capable of using the SEARADAR and visiting the Website.
4.4. The Company's responsibilities:
4.4.1. The Company undertakes to maintain the SEARADAR, providing users with access to the SEARADAR in accordance with the technical capabilities of the Company. 4.4.2. The information on Vessels, their description and availability on the SEARADAR is displayed on the basis of data provided by the Owners. The Company endeavours to ensure the accuracy of the information on the Website, however, the Company shall not be liable to the User for the accuracy of the information stated and provides it by way of reference. 4.4.3. The Company accepts payments for the services of the Owners, including tariffs, costs and penalties. No commission is charged to Clients for these services. Additional services and expenses not included in the rates paid may be paid by the Client directly to the Owner. 4.5. Rights of the Owner
4.5.1. The Owner has the right to verify that the necessary documents are available and to request proof of the experience of the team members when making the Order. 4.5.2. The owner has the right to demand from the Client:
- to provide additional documents to the skipper (licences, logbook); - confirm the skipper's experience (sailing resume);
- confirm experience of driving a vessel of a class no lower than the class of the Vessel to be ordered.
4.5.3. In case of any doubt as to the authenticity of the documents and/or the adequacy of the experience, the owner shall be entitled to require the Client to arrange for a second captain or co-skipper to accompany him during the charter.
- Price, payment terms, guarantee deposit
5.1. The services of the Owner of the Vessel shall be paid by the Client on the basis of the invoice after the booking is confirmed. The Owner's services shall be paid by the Client to the SEARADAR’s bank account.
5.2. Procedure for payment:
5.2.1. The payment of 50% of the service fee for a confirmed booking is due at the time of confirmation of the booking, unless otherwise agreed.
5.2.2. The remaining payment of 50% of the confirmed Order fee is payable no later than 30 days before the start of the rental, unless otherwise agreed.
5.2.3. If at the time of booking confirmation there are less than 30 days left before the start of the rent, the Client makes a payment in the amount of 100% of the amount of services for the confirmed booking.
5.2.4. Other conditions may be specified in the booking confirmation.
5.2.5. The Сlient has the right to pay for the services by bank transfer on the basis of an invoice issued by SEARADAR or by bank card on the Website.
5.3. After signing the charter contract (or other similar contract), in the moment of acceptance of the Vessel, the Client shall pay the Guarantee Deposit to the Owner in order to partially guarantee the compensation of any accidents, breakages, cracks, losses and other damages, as well as operating conditions such as maintenance and Vessel cleaning, and also possible delay in the return of the Vessel. Detailed information and the size of the guarantee deposit may be specified in the charter contract with the Owner.
5.4. The guarantee deposit shall be paid by credit card or in cash at the place of acceptance of the Vessel upon prior Contract of the Parties.
5.5. The guarantee deposit will be returned to the Client after the Owner has performed its verification and confirms its proper condition. In the event of damage and / or other losses caused by the Client to the Owner, they are subject to reimbursement at the expense of the guarantee deposit, and in case of their insufficiency - in a claim and judicial procedure according to the Owner's requirements.
5.6. If there is no obligation to pay a guarantee deposit in the charter contract of the Owner (or other similar Contract), there is no need to make a guarantee deposit by the Client. 5.7. The Company shall not be responsible for the refund of the guarantee deposit from the Owner to the Client, as this legal relationship is governed by an agreement between the Client and the Owner and is not the subject of this Agreement.
- Cancellation of services (cancellation of the Order)
6.1. In case of cancellation of services, the terms, amounts and terms established in the Owner's charter contract (or other similar Contract) shall take precedence in the issue of reimbursement of expenses incurred.
6.2. Cancellation of an Order by the Client:
6.2.1. If the order is cancelled, the Owner is entitled to withhold the full amount of the advance payment. The advance payment will not be refunded to the Client in this case. 6.2.2. A different procedure for cancelling orders and refunds may be agreed between the Owner and the Client.
6.2.3. The contract between the Owner and the Client may stipulate that the Client must pay the full rental price in the event of cancellation of the Order less than 45 days before the commencement of the charter. In case of cancellation and withdrawal, the Client is obliged to pay the missing amount to the full rental price, as well as the full cost of the ordered additional services (skipper booking, ferrying, etc.) in accordance with this section, and/or in accordance with the Agreement between the Owner and the Client. Otherwise, the Owner reserves the right to apply to the judicial authorities at the plaintiff's location and to place the Client on the blacklist amongst the charter companies.
6.2.4. In cases where the Vessel Owner refunds the advance payment to the Company, the payment will be refunded to the Client after deduction of a commission of 20% of the total order amount in favour of the Company, but not less than 300 Euros. In the event of insufficient funds, the said amount shall be due and payable by the CLient within 15 days of receipt of the request from the Company.
6.2.5. Cancellation of services must be expressed in writing at email@example.com. 6.2.6. The Company informs the Client of the possibility to obtain a “trip cancellation and guarantee deposit insurance policy”. In order to obtain this service, please indicate the need for the policy when making an order.
6.2.7. In case the use of the Vessel is not possible due to weather conditions, no refund will be given. If the Сlient cancels a confirmed booking less than 30 days prior to the start date of the services, the full amount of 100% of the booked services shall be payable. 6.3. Cancellation of the order by the Owner:
6.3.1. In the event of a cancellation at the initiative of the Owner, the Owner shall, at its discretion, provide the Client with a voucher for future trips.
6.3.2. The Owner has the right to cancel the Order and refuse the service if it is established that the Client has provided false information, including, but not limited to: false information about the licences and certificates entitling the owner to operate the vessel, false information about the participants/crew. If inaccurate information is found to have been provided, a refund shall be made in accordance with the rules of clause 6.2 of this Agreement, unless otherwise agreed between the Owner and the Client.
- Right of Termination
7.1 Non-compliance by the Client with the due dates for the placed and confirmed Order is the basis for termination of this Contract. If there are no other Orders, SEARADAR shall notify the Client of the termination of this Agreement in writing and no refund shall be made on the basis of clause 6.2.2 of this Agreement.
7.2. Illegal use of the Vessel, violation of the conditions of its use, set out in this Contract, instructions and / or violation of the legislation is the basis for the automatic termination of the charter contract of the Owner (or other similar Contract), this Contract and the termination of the provision of services.
- Handing over the Vessel
8.1. The terms of this section shall apply until otherwise agreed between the Client and the Owner, including the separate agreement.
8.2. Before accepting the Vessel, the Client has the right to inspect the Vessel with a representative of the Owner (the charter company) in order to verify that the Vessel and its equipment comply with all agreements, requirements and specifications. The handing over of the Vessel to the Client for rent confirms that the Vessel is in proper condition and has been accepted by the Client with no objections. The Customer shall inspect the Vessel for damage and sign the check-in sheet.
8.3 The Vessel is handed over to the Client with a full supply of water, fuel, battery and engine oil, which must also be returned in full, unless otherwise stipulated in the Owner's charter contract (or other similar agreement). A bilateral shipboard equipment inventory report shall be signed between the Owner and the Client.
8.4 The Vessel shall be handed over to the Client at the place agreed between the Owner and the Client.
8.5 Any delay in the handover of the Vessel due to the Customer's fault shall not result in an extension of the rental period.
8.6 If the handover of the Vessel has been delayed due to bad weather conditions, neither reduction in the rental price, nor any extension of the Owner's charter contract (or other similar agreement), is be granted.
8.7 Vessels are chartered by category, class and size. In rare cases, the Owner is entitled to provide the Client with a Vessel comparable to the one stated in the Owner's application or charter contract in terms of size, year of manufacture, etc. in case, due to accident or breakdown, the Vessel stated in the Owner's application or charter contract is not in a fit for further operation.
- Returning the Vessel
9.1. Failure to return the Vessel on time will result in payment of double the daily rate for each day of delay as well as any possible penalties which the Owner may claim as a result of the delay in the delivery of the Vessel in accordance with the agreement concluded between the Owner and the Client. Weather conditions do not justify a late return to the home charter base.
9.2 The Vessel shall be returned at the same place and at the time specified in the agreement between the Owner and the Client, unless its special conditions indicate otherwise. 9.3 The Owner will carry out an inspection of the Vessel at the time of return to check the equipment and to ensure that there are no failures or breakdowns, ruptures, breaks or cracks. Maintenance and cleanliness will also be checked, as will the level of the fuel and water tanks to ensure that they are full. Following the inspection, the Customer agrees to take a signed inspection report (Check Out sheet) from the Owner. Any costs identified by the Owner at the time of acceptance of the Vessel and its equipment necessary to bring it back to the condition it was in at the time of handover will be deducted from the guarantee deposit by the Owner, the Company is not authorised to resolve disputes between the Client and the Owner in the event of damage or other disputes between the parties.
- Rules of the Vessel's use
10.1. The Customer shall use the Vessel in accordance with applicable law. The Customer assumes full responsibility for any possible irregularities that may arise in the use of the Vessel. 10.2. Requirements for document's delivery by the Client, determination of permitted navigation areas, crew requirements, detailed technical information about the Vessel, additional costs and other services not included in the rental price - are set by agreement between the Client and the Owner. The Company shall not be responsible for the Owner's requirements and the terms of the Owner's charter contract (or other similar agreement) between the Client and the Owner.
10.3 The Client shall familiarise in advance with the technical specifications of the Vessel, the terms of the Vessel rental agreement with the Owner and the Owner's price list before commencing the rental and be aware of the costs of berthing, anchoring, port charges, local taxes and entrance fees to national parks and local attractions. The Company is not responsible for any incidents that may arise as a result.
11.1. In the event of complaints relating to the use of the Website, or arising in connection with the performance of the Agreement, the User may write to the addresses and details of the Company, or by email: firstname.lastname@example.org
11.2 Claims concerning the technical condition of the Vessel shall be signed by the Client and a representative of the charter base and sent to the Owner not later than 3 days after the end of the charter. A copy of the claim shall be sent to the email email@example.com for collection of statistics in respect of Owners.
- Jurisdiction and applicable law
12.1. All disputes between the Owner and the Client shall be governed by local law and in accordance with the Agreement between the Client and the Owner.
12.2. To resolve disputes over interpretation or jurisdiction, the designated disputes will fall under the jurisdiction and competence of the maritime authorities.
12.3. In all other cases not regulated by these Terms of Service, the relations between the Users and the Company regarding the use of SEARADAR shall be governed by the laws and regulations of the Republic of Lithuania. Any disputes arising from the use of SEARADAR should be settled in accordance with the applicable laws and regulations of the Republic of Lithuania in the court at the location of the Company. The pre-trial procedure for claims against the Company is mandatory. The deadline for responding to the claim is 30 days.
- Personal data processing
13.1. The Company is obliged to retain the personal data of the User that the User has provided voluntarily and/or for the purposes of this Agreement. Personal data shall be processed in accordance with the Personal Data Processing Policy.
13.2 The Company protects the privacy and confidentiality of your personal information. Information obtained on the Website will be treated as personal confidential information. 13.3 SEARADAR's strict security procedures aim to prevent misuse and unauthorised access to personal data. SEARADAR maintains and secures personal data files, which include personal data obtained when processing Applications, the purpose of which is statistical information for sending promotions and for maintaining the relationship between SEARADAR and the Client.
13.4 The Company shall have the right to publish feedback and pictures of Users related to the use of the SEARADAR if the relevant information is received.
13.5 From time to time the Company will contact the Clients by email, providing new information about the SEARADAR options and offers of the Owners. The Client agrees that the personal data may be used by the Company in newsletters and advertisements to promote the Company's services. Letters are sent from the email address firstname.lastname@example.org. This address is the official channel of communication between the Client and the SEARADAR. The client is entitled to refuse to receive such newsletters at any time by sending an appropriate letter.
13.6 By placing an application and providing personal data on the Website, the User expresses his consent to the transfer of his personal data to the Owners for the purposes of the performance of this Agreement. The transfer of the personal data received is also made to Owners located abroad (cross-border data transfer).
- Intellectual rights and use of content
14.1. All intellectual property rights in the SEARADAR belong to the Company. 14.2. All images, logos and text on the Website belong to the Company. Images, logos and information relating to vessels belong to their respective Owners. These images, logos or information may not be reproduced in whole or in part without the consent of their Owners.
- Using cookies
15.2. "Cookies" are text files, temporary or permanent, and are used to identify, track sessions and maintain specific information about Website users, such as Website usage preferences. The information that the SEARADAR obtains from these cookies is completely anonymous. 15.3. Using this information, the SEARADAR can analyse the behaviour of visitors to the Website, use of templates and the structure of the Websites. In this way, we can improve our services in the future, such as content, personalisation, and make the Website or the SEARADAR more user-friendly.
15.4. The company and the SEARADAR do not use tracking tools or collect personal information secretly, without the consent of the visitor (user), and do not forward the information to third parties or marketing platforms or link this information to personal information
- Contact info
16.1. Suggestions or comments on the Website, SEARADAR service or feedback on the Company's work please send to the email@example.com
16.2. Company website: https://searadar.com
16.3. Address: SEARADAR UAB, LT-01115, Lithuania, Vilnius, A. Smetonos g. 4-2 16.4. Phone: +37066798740