Owner Terms and Conditions

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Owner Agreement

YachtZap ApS

Owner Agreement

Revision 27.0

Dec 2024

Preamble

THIS AGREEMENT

is made on the day upon which the Owner first registers the Owner’s details via the Owner Login facility on the Website.

BETWEEN

The Owner and YachtZap ApS, a company incorporated in Denmark whose registered address is 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 Owner, who may be the, or one of the, registered owner(s) of the Yacht, or the chartering central agent for the Yacht, wishes to use the Website in order to promote the chartering of the Yacht.

YachtZap wishes the Owner to use the Website in order to generate revenue from such use.

IT IS AGREED as follows.

In consideration of the mutual undertakings given by the Parties in the Owner Agreement, the owner agrees to use the Website, and YachtZap agrees to allow the Owner to use the Website, as set out in the Owner Agreement.

By registering details, logging-in, and/or remaining logged-in, to the Website, the Owner accepts the Owner Agreement in its entirety and without reservation.

By allowing the Owner to register details, log-in, and/or remain logged-in, to the Website, YachtZap accepts the Owner Agreement in its entirety and without reservation.

1. Definitions

1.1.

In the Owner Agreement, the following words in the remainder of Clause 1 have the following meanings.

1.2.

‍Account means the Website user account of the Owner or any Client.

1.3.

‍Charter means the chartering of the Yacht by a Client.

1.4.

‍Charter Agreement means an agreement for Charter.

1.5. ‍

Clause(s) means a clause(s) in the Owner 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.

‍Force Majeure means any cause directly attributable to acts events, non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the Owner or the Client (including, but not limited to, strikes, lock-outs or other labour disputes, civil commotion, riots, blockade, invasion, war, pandemic, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, major mechanical or electrical breakdown, or any occurrence beyond the control of, and not caused by the negligence of, the Owner or the Yacht’s captain or crew.

1.8.

‍Login Details means the username, passcode or other details used by the Owner to access the Website.

1.9.

‍Marketing Fee means the total amount payable to YachtZap  by the Owner in respect of a Charter, which amount will be determined by YachtZap in respect of each Post.

1.10.

‍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:

1.10.1. The registered owner of the Yacht;

1.10.2. One of a number of registered owners of the Yacht, acting as agent on behalf of the other registered owners; or

1.10.3. The chartering central agent for the Yacht, appointed such by the registered owner(s) of the Yacht.

1.11.

‍Owner Agreement means this agreement between the Owner and YachtZap

1.12.

‍Parties means both the Owner and YachtZap.

1.13. 

‍Post(s) means details of any proposed Charter entered ontothe Website.

1.14.

‍Reservation Fee means that part of the fee for theCharter, payable as a deposit, by the Client to the Owner, in respect of a Charter.

1.15.

‍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.

1.16.

‍Yacht means the vessel the Owner provides details about to a Client via the Website.

2. Posts

2.1.

Subject to the remainderof the Owner Agreement, the Owner may post any Post.

2.2.

Unless the Charter Agreement is to be on terms issued by YachtZap, the Owner shall, before posting any Post, send a copy of the full wording of the Charter Agreement to YachtZap for YachtZap’s written approval.

2.3.

Following the written approval of the Charter Agreement by YachtZap, if required, the Owner may, in the Owner’s option, either:

2.3.1. Include the text of the Charter Agreement within the relevant Post; or

2.3.2. Ask YachtZap to send to the Client a copy of the Charter Agreement as soon as practicable following a request from a Client to reserve a Charter.

2.4.

The Owner shall ensure that all information contained in all Posts shall be as accurate and up-to-date as reasonably practicable, and all photos used shall have been taken within the 12 months preceding the Post and shall principally feature no yacht other than the Yacht.

2.5.

The Owner shall ensure, at all times while a Post remains on the Website, that the Website calendar is always kept up-to-date in respect of the Yacht.

2.6.

‍YachtZap does not guarantee that any Post will appear in any order or rank, or appear at all, in the Website search results, or any third party search engine results.

2.7.

‍YachtZap does not guarantee that any Post will appear for any duration on the Website, or appear in any order or rank, or appear at all.

2.8.

‍YachtZap may reject or withdraw any Post, any time and for any reason, and without giving notice or explanation to the Owner, and without incurring any liability on the part of YachtZap.

3. Reservations

3.1.

In every Post, the Owner shall state the amount of the Reservation Fee, if any, which shall be the same amount as the ReservationFee set out in the Charter Agreement.

3.2.

Having received from the Client a request to reserve a Charter, YachtZap shall send an automated notification of the same to the Owner,and an automated message to the Client requesting that the Client pays the Owner the Reservation Fee within 24 hours of the Client’s request.

 

3.3.

Following receipt by the Owner of the request to reserve the Charter, and the Owner having received the Reservation Fee, within 24 hours of the Client’s request, the Owner shall provide YachtZap with one the following responses, within 48 hours of the Client’s request, which will also automatically be send to the Client:

3.3.1. The Owner accepts the request.

3.3.2. The Owner rejectsthe request but proposes an alternative yacht and/or itinerary.

3.3.3. The Owner rejects the request.

3.4.

Should the Owner accept the request as set out in Clause 3.3, the Reservation Fee, if any, shall beset off by the Owner against charter fees due under the Charter Agreement.

3.5.

Should the Owner not accept the request as set out in Clause 3.3, the request will be cancelled and the Owner shall repay the Reservation Fee, if any, to the Client as soon as possible.

4. Marketing Fee

4.1.

The Owner shall pay YachtZap the Marketing Fee within 10 calendar days of the first instalment due under the Charter Agreement having been received by the Owner or the registered owner(s) of the Yacht as the case may be.

4.2.

Should the Client contract with the Owner, or the registered owner(s) ofthe Yacht as the case may be, to charter the Yacht within two years of the completion of the Charter, then the Owner shall pay YachtZap a further Marketing Fee(s) within 10 calendar days of the first instalment(s) due under such Charter Agreement(s) having been paid by the Client.

5. Charter

5.1.

Subject to the remainder of the Owner Agreement, the Charter shall take place in accordance with the Post.

5.2.

The Owner 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.

5.3.

In respect of the Charter, the Owner shall:

5.3.1. Comply with all applicable laws relating to anti-bribery, anti-corruption, anti-money laundering and data protection;

5.3.2. Ensure that every Client provide sufficient, original proof of identity and residence upon first contact with the Owner;

5.3.3. Consider whether the Charter may, under the circumstances, be or provide a means for money laundering and report any concerns to the appropriate authority(ies);

5.3.4. Put in place checks, controls and procedures to anticipate and prevent money laundering or the financing of illegal activity; and

5.3.5. Keep records of the identity of every Client for five years following the conclusion of every Charter.

6. Charter Agreement

6.1.

Other than acting as stakeholder, under no circumstances shall YachtZap be a party to the Charter Agreement.

6.2.

Should a conflict between the terms of the Charter Agreement and the Owner Agreement arise, the terms of the Owner Agreement shall always prevail.

6.3.

‍YachtZap may from time to time offer services and/or products and/or contract in respect of the same directly with the Client.

7. Failure & Cancellation

7.1

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, the Owner shall provide YachtZap with written notification of the same immediately.

7.2.

Where a failure as set out in Clause 7.1 occurs by reason of Force Majeure:

7.2.1. The Reservation Fee, if any has been received by the Owner, shall be repaid by the Owner to the Client within 20 calendar days of such occurrence;

7.2.2. The Marketing Fee, if such has already been received by YachtZap, shall be repaid by YachtZap to the Owner within 20 calendar days of YachtZap having received written notification; and

7.2.3. The Marketing Fee, if such has not already been received by YachtZap, shall no longer be payable to YachtZap by the Owner.

7.3.

Where a failure as set out in Clause 7.1 occurs other than by reason of Force Majeure:

7.3.1. The Reservation Fee, if any has been received by the Owner, shall be repaid by the Owner to the Client within 20 calendar days of such occurrence; 

7.3.2. The Marketing Fee, if such has already been received by YachtZap, shall be kept by YachtZap; and

7.3.3. The Marketing Fee, if such has not already been received by YachtZap, shall be paid to YachtZap by the Owner within 20 calendar days of such occurrence.

7.4.

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 Owner shall provide YachtZap with written notification of the same immediately, and:

7.4.1. 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;

7.4.2. The Marketing Fee, if such has already been received by YachtZap, shall be kept by YachtZap; and

7.4.3. The Marketing Fee, if such has not alreadybeen received by YachtZap, shall bepaid to YachtZap by the Owner within 20 calendar days of suchcancellation.

7.5.

If, at the time the Charter is cancelled, the Owner is holding any part or all of the charter fee due under the Charter Agreement, the Owner shall immediately pay YachtZap from such funds held an amount equivalent to the whole or as much as possible of the sums payable to YachtZap underClauses 7.3 or 7.4.

8. Website

8.1.

Regardless of there mainder of the Owner Agreement, YachtZap may reject any Website registration, any time and for any reason, and without giving notice or explanation, in which case the Owner Agreement shall terminate immediately.

8.2.

Regardless of the remainder of the Owner Agreement, YachtZap may suspend or cancel any Account, any time and for any reason, and without giving notice or explanation.

8.3.

While the Owner’s Account is suspended, the Owner shall not access or use the Website.

8.4.

Upon cancellation of anAccount, the Owner Agreement shall terminate immediately.

8.5.

Termination of the Owner Agreement shall be entirely without prejudice to YachtZap’s right to claim any sums outstanding from the Owner, and/or the registered owner(s) of the Yacht as the case may be, at the time of such termination.

8.6.

No Account shall be transferable to any third party.

8.7.

‍Login Details shall not be disclosed by the Owner, whether deliberately or accidentally, to any third party.

8.8.
The Owner shall immediately inform YachtZap if the Owner knows or suspects that any third party knows or has access to the Login Details.

8.9.

The Owner 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 Owner or any third party to access the Website.

8.10.

The Owner shall ensure that any link to the Website must not be misleading or deceptive and must indicate YachtZap as the destination of the link, and shall remove any link at the request of YachtZap.

8.11.

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.

8.12.

The Owner shall not use the Website:

8.12.1. For any illegal orimmoral purpose;

8.12.2. To defame, threaten, abuse,harass or otherwise violate the rights of any third party; or

8.12.3. To impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that YachtZap endorses the Owner or any representation the Owner makes.

8.13.

The Owner shall not:

8.13.1. 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;

8.13.2. 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;

8.13.3. Reproduce or resell the Website, or any element thereof, or products or services accessed via the Website, or access thereto or any element thereof;

8.13.4. Modify, adapt, translate, reverse engineer, decompile or disassemble the Website or any element thereof;

8.13.5. Frame or mirror the Website without the express prior written consent of YachtZap; or

8.13.6. Download any Website content.

8.14.

From time to time, YachtZap may make changes to the Website at any time, which changes may disrupt access to and functionality of the Website forwhich disruption YachtZap shall not be liable to the Owner.

8.15.

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 Owner.

9. Authority

1.1.

The Owner represents and warrants that, atall times:

1.1.1. Where the Owner is the registered owner of the Yacht, the Owner has the capacity to enter into the Owner Agreement and the Charter Agreement; or

1.1.2. Where the Owner is one of a number of registered owners of the Yacht, or is the chartering central agent for the Yacht appointed as such by the registered owner(s) of the Yacht, all the registered owners of the Yacht have the capacity to enter into the Owner Agreement and the Charter Agreement, and the Owner at all times acts on behalf of, and with the full authority and consent of, all the registered owners of the Yacht and binds the mall into the Owner Agreement and any Charter Agreement.

10. Currencies & Charges

10.1.

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.

10.2.
Any charges and/or commission incurred by YachtZap in respect of converting currencies may be deducted by YachtZap from any sum converted.

11. Intellectual Property

11.1.

The Owner 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 Owner shall not download, copy, distribute or otherwise make use of such intellectual property without the prior written consent of YachtZap.

11.2.

The Owner represents and warrants that the Owner’s name, branding, trademarks and all copy and images featured in all Posts are solely the intellectual property of the Owner and the use thereof in any Post does not breach any third party rights.

12. Data Protection

12.1.

The Owner shall abide by all data protection laws affecting the Owner’s retention and use of all information relating to every Client.

13. Relationship

13.1.

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 Owner Agreement.

13.2.

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 Owner Agreement.

14. Liability

14.1.

‍YachtZap’s liability to the Owner, in contract or tort, whether arising under the Owner Agreement or otherwise in connection with the use of the Website is expressly excluded by YachtZap to the maximum extent permitted by law.

14.2.

The Owner 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 Owner’s or the Client’s use of the Website or from any Charter.

15. Achievement

15.1.

‍YachtZap does not represent that any result or objective, whether stated in the Owner Agreement or not, shall be achieved.

15.2.

‍YachtZap shall have no liability under or be deemed to be in breach of the Owner Agreement for any delays or failures in performance of the Owner Agreement, or the Charter Agreement, that result from circumstances beyond the reasonable control of YachtZap.

15.3.

Delays or failures in performance of any obligation under the Charter Agreement shall not affect the Owner’s obligations under Clause 4.

16. Waiver

16.1.

No failure or delay by YachtZap in exercising any right, power or privilege under the Owner 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 Owner Agreement are cumulative and not exclusive of any rights and remedies provided by law.

17. Entire Agreement

17.1.

The Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them.

17.2.

The Parties confirm that they have not entered into the Owner Agreement on the basis of any representation that is not expressly incorporated into the Owner Agreement.

18. Amendments

18.1.

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 Owner accepts such amendments in their entirety and without reservation.

19. Severance

19.1.

If any provision of the Owner 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 Owner Agreement and rendered ineffective as far as possible without modifying the remaining provisions of the Owner Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of the Owner Agreement.

20. Third Parties

20.1.

For the purposes of the Contracts (Rights of Third Parties) Act 1999 the Owner 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.

21. Law & Jurisdiction

21.1.

The validity, construction and performance of the Owner Agreement, and any non-contractual obligations, are governed by English law.

21.2.

The terms of the BIMCO Law and Arbitration Clause 2020 applies in full to the Owner 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 OwnerAgreement.