Client Terms and Conditions
There are some simple ground rules you'll need to agree to before using Yachtzap. Playing by these rules is a mandatory part of using our application, so if you have any questions about them, please drop us a line and we'll respond posthaste.
- Client AgreementPreamble
- 1. Definitions
- 2. Posts
- 3. Reservations
- 4. Charter
- 5. Charter Agreement6. Failure & Cancellation7. Website8. Authority9. Currencies & Charges10. Intellectual Property11. Relationship12. Liability13. Achievement14. Waiver15. Entire Agreement16. Amendments17. Severance18. Third Parties19. Law & Jurisdiction
Client Agreement
YachtZap ApS
Client Agreement
Revision 27.0
December 2024
Preamble
THIS AGREEMENT
is made on the dayupon which the Client first registers the Client’s details via the User Login facility onthe Website.
BETWEEN
The Client and YachtZap ApS, a company incorporated in Denmark whose registered address Sophus Bauditz Vej 9, DK-2920 Charlottenlund, Denmark (‘YachtZap’).
WHEREAS
The Website showcases yacht charter itinerates and packages, and allows clients to reserve yacht charters, while the charters are subsequently concluded separately between clients and yacht owners in the normal way.
The Client wishes to use the Website in order to find a yacht to charter.
YachtZap wishes the Client to use the Website in order to generate revenuefrom such use.
IT IS AGREED asfollows.
In consideration of the mutual undertakings given by the Parties in the Client Agreement, the Client agrees to use the Website, and YachtZap agrees to allow the Client to use the Website, as set out in the Client Agreement.
By registering details, logging-in, and/or remaining logged-in, to the Website, the Client accepts the Client Agreement in its entirety and without reservation.
By allowing the Client to register details, log-in, and/or remain logged-in, to the Website, YachtZap accepts the Client Agreement in its entirety and without reservation.
1. Definitions
1.1.
In the Client Agreement, the following words in the remainder of Clause 1 have the following meanings.
1.2.
Account means the Website user account of the Client or any Owner.
1.3.
Charter means the chartering of the Yacht by a Client.
1.4.
Charter Agreement means the agreement for the Charter.
1.5.
Clause(s) means a clause(s) in the Client Agreement.
1.6.
Client means any legal or natural person who has registered, or whose employee or agent has registered, an Account with YachtZap and accesses, or whose employee or agent accesses, such Account via the User Login facility on the Website.
1.7.
Client Agreement means this agreement between the Client and YachtZap
1.8.
Login Details means the username, passcode or other details used by the Client to access the Website.
1.9.
Owner means the legal or natural person who has registered an Account with YachtZap and accesses such Account details via the Owner Login facility on the Website and who is one of the following, as the case may be:
1.9.1. The registered owner of the Yacht;
1.9.2. One of a number of registered owners of the Yacht, acting as agent on behalf of the other registered owners; or
1.9.3. A chartering central agent for the Yacht.
1.10.
Parties means both the Client and YachtZap.
1.11.
Post(s) means details of anyproposed Charter entered onto the Website.
1.12.
Reservation Fee means that part of the fee for the Charter, payable as a deposit, by the Client to the Owner, in respect of a Charter.
1.13.
Website means the website(s) owned and/or published by YachtZap and, to the extent that the Owner is able to post a Post on the same, the mobile software application(s) owned and/or provided for distribution and use by YachtZap.
1.14.
Yacht means the vessel the Owner provides details about to a Client via the Website.
2. Posts
2.1.
YachtZap may reject or withdraw any Post, any time and for any reason, and with out giving notice or explanation to the Client, and without incurring any liability on the part of YachtZap.
2.2.
The Client shall check information contained in a Post immediately before reserving a Charter.
3. Reservations
3.1.
When requesting to reserve a Charter, the Client shall pay the Reservation Fee to the Owner within 24 hours of such request.
3.2.
Following receipt by the Owner of the request to reserve the Charter, and the Owner having received the Reservation Fee, the YachtZap shall make all reasonable efforts to ensure that the Owner,within 48 hours followingsuch request, provides the Client withone of the following responses:
3.2.1. The Owner accepts the request.
3.2.2. The Owner rejects the request but proposes an alternative yacht and/or itinerary.
3.2.3. The Owner rejects the request.
3.3.
Should the Owner accept the request as set out in Clause 3.2, the Reservation Fee, if any, shall be set off by the Owner against charter fees due under the Charter Agreement.
3.4.
Should the Owner not accept the request as set out in Clause3., or not provide any response at all as set out in Clause 3.2, the request will be cancelled and YachtZap shall make all reasonable efforts to ensure that the Reservation Fee, if any, is repaid to the Client.
3.5.
Where the Client receives any correspondence from YachtZap or the Owner regarding the Charter, the Client shall review such correspondence immediately and inform the sender immediately of any mistakes.
4. Charter
4.1.
The Client represents and warrants that the Charter shall not result in any breach of contract with any third party, or in the breaking of any laws or regulations of any country.
4.2.
The Client is solely responsible for obtaining all necessary visas and making all necessary insurance, vaccination and travel arrangements for the Client and all guests to and from the place(s) of delivery and redelivery.
4.3.
The terms of gratuity payments, security deposits and taxes on the Charter shall be determined by the Charter Agreement.
4.4.
In respect of the Charter, the Client shall:
4.4.1. Comply with allapplicable laws relating to anti-bribery, anti- corruption and anti-money laundering; and
4.4.2. Provide sufficient,original proof of identity and residence upon first contact with the Owner.
5. Charter Agreement
5.1.
Other than acting as stakeholder, under no circumstances shall YachtZap be a party to the Charter Agreement.
5.2.
Should a conflict between the terms of the Charter Agreement and the Client Agreement arise, the terms of the Client Agreement shall always prevail.
5.3.
YachtZap may from time to time offer services and/or products and/or contract in respect of the same directly with the Client.
6. Failure & Cancellation
6.1.
Where, as a result of any failure of the Owner to deliver the Yacht to the Client, on time or at all, the Client is entitled, under the Charter Agreement, to treat the Charter Agreement as terminated or repudiated, YachtZap will request that the Owner repay the Reservation Fee, if any, to the Client within 20 calendar days of such cancellation.
6.2.
Where the Charter is cancelled by the Client, for any reason or the Owner is otherwise entitled under the Charter Agreement to treat the Charter Agreement as terminated or repudiated, the Reservation Fee, if any has been received by the Owner, may be used by the Owner to set off any amount owing to the Owner under the Charter Agreement.
7. Website
7.1.
Regardless of the remainder of the Client Agreement, YachtZap may reject any Website registration, any time and for any reason, and without giving notice or explanation, in which case the Client Agreement shall terminate immediately.
7.2.
Regardless of the remainder of the Client Agreement, YachtZap may suspend or cancel any Account, any time and for any reason, and without giving notice or explanation.
7.3.
While the Client’s Account is suspended, the Client shall not access or use the Website.
7.4.
Upon cancellation of an Account, the Client Agreement shall terminate immediately.
7.5.
Termination of the Client Agreement shall be entirely without prejudice to YachtZap’s right to claim any sums outstanding from the Client at the time of such termination.
7.6.
No Account shall be transferable to any third party.
7.7.
Login Details shall not be disclosed by the Client, whether deliberately or accidentally, to any third party.
7.8.
The Client shall immediately inform YachtZap if the Client knows or suspects that any third party knows or has accessto the Login Details.
7.9.
The Client shall be responsible for all activities that occur while the Website is accessed using the Login Details, whether the Login Details are used by the Client or any third party to access the Website.
7.10.
YachtZap shall not be responsible for the operation of any link from the Website or for the contents of any file, website or app thereby linked.
7.11.
The Client shall not use the Website:
7.11.1. For any illegal or immoral purpose;
7.11.2. To defame, threaten, abuse, harass or otherwise violate the rights of any third party; or
7.11.3. To impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity.
7.12.
The Client shall not:
7.12.1. Interfere with or disrupt the operation of the Website or any servers or networks used to make the Website available, or violate any requirements, procedures, policies or regulations of such networks;
7.12.2. Transmit or otherwise make available via the Website any viruses, worms, Trojans or other computer code which may or invasive or may affect the operation of any hardware, software, or equipment;
7.12.3. Reproduce or resell the Website, or any element thereof, or products or services accessed via the Website, or access thereto or any element thereof;
7.12.4. Modify, adapt, translate, reverse engineer, decompile or disassemble the Website or any element thereof;
7.12.5. Frame or mirror the Website without the express prior written consent of YachtZap; or
7.12.6. Download any Website content.
7.13.
From time to time, YachtZap may make changes to the Website at anytime, which changes may disrupt access to and functionality of the Website for which disruption YachtZap shall not be liable to the Client.
7.14.
From time to time, the Owner and/or a Client may not have access to the Website, or an element(s) thereof, or the Website may contain errors or omissions, for which YachtZap shall not be liable to the Client.
8. Authority
8.1.
The Client represents and warrants that, at all times:
8.1.1. The Client has the capacity to enter into the Client Agreement and the Charter Agreement; and
8.1.2. Where applicable, every employee or agent of the Client, accessing an Account on behalf of the Client, has the authority to bind the Client into the Client Agreement and the Charter Agreement.
9. Currencies & Charges
9.1.
Where YachtZap converts currencies, YachtZap will try to obtain a reasonable currency exchange rate but may not be able to obtain the best possible exchange rate.
9.2.
Any charges and/or commission incurred by YachtZap in respect of converting currencies may be deducted by YachtZap from any sum converted.
10. Intellectual Property
10.1.
The Client acknowledges that all branding, trademarks and all copy and images featured in the Website, which are not already the intellectual property of the Owner or any other third party are solely the intellectual property of YachtZap and the Client shall not download, copy, distribute or otherwise make use of such intellectual property without the prior written consent of YachtZap.
11. Relationship
11.1.
The Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in the Client Agreement.
11.2.
Neither of the Parties shall have, nor represent that it has, any authority to make any commitments on the other of the Parties’ behalf other than the contractual relationship expressly provided for in the Client Agreement.
12. Liability
12.1.
YachtZap’s liability to the Client, in contract or tort, whether arising under the Client Agreement or otherwise in connection with the use of the Website are expressly excluded by YachtZap to the maximum extent permitted by law.
12.2.
The Client shall indemnify, defend and hold harmless YachtZap, its directors, employees, contractors and associates, from any liabilities, claims, losses and expenses, included but not limited to legal fees, resulting from or in connection with the Client’s or the Owner’s use of the Website or from any Charter.
13. Achievement
13.1.
YachtZap does not represent that any result or objective, whether stated in the Client Agreement or not, shall be achieved.
13.2.
YachtZap shall have no liability under or be deemed to be in breach of the Client Agreement for any delays or failures in performance of the Client Agreement, or the Charter Agreement, that result from circumstances beyond the reasonable control of YachtZap.
14. Waiver
14.1.
No failure or delay by YachtZap in exercising any right, power or privilege under the Client Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in the Client Agreement are cumulative and not exclusive of any rights and remedies provided by law.
15. Entire Agreement
15.1.
The Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them.
15.2.
The Parties confirm that they have not entered into the Client Agreement on the basis of any representation that is not expressly incorporated into the Client Agreement.
16. Amendments
16.1.
The Agreement may be amended from time to time by YachtZap without notice. By logging-in, and/or remaining logged-in, to the Website, the Client accepts such amendments in their entirety and without reservation.
17. Severance
17.1.
If any provision of the Client Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, that provision shall, to the extent required, be severed from the Client Agreement and rendered ineffective as far as possible without modifying the remaining provisions of the Client Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of the Client Agreement.
18. Third Parties
18.1.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 the Client Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
19. Law & Jurisdiction
19.1.
The validity, construction and performance of the Client Agreement, and any non-contractual obligations, are governed by English law.
19.2.
The terms of the BIMCO Law and Arbitration Clause 2020 applies in full to the Client Agreement, but with any references therein to USD replaced, if the currency stated in the Post is not USD, with the equivalent amount in the currency stated in the Post with exchange rates calculated on the date of the Client Agreement.