Terms of Brokerage Service

1. Introduction

Our aim is to keep this Terms as readable as possible, but in some cases for legal reasons, some of the language is required "legalese". These Terms reflect the way that our business works, the laws that apply to our company, and help define our relationship with you as you interact with our services.

2. General Provisions

These Terms form an integral part of any Brokerage contract that a Customer enters into with ET Yachting as well as of any other contract that Customer would enter with third parties provided that ET Yachting co-signs such a contract in a capacity of a broker. If an individual contract or individual general terms agreed to be used by the Customer, ET Yachting, and the Vessel Provider contain provisions that are in conflict with these general terms, the provision of such contract or such general terms shall apply.

"ET Yachting" means ET Yachting d.o.o., Cesta na Brdo 67, 1000 Ljubljana, TAX number: SI 61544710 (hereinafter referred also as "Company," "we," "our," or "us"). ET Yachting provides brokerage services for the rental of vessels (sailboats, yachts, catamarans, and other vessels) with crews, namely between customers and Vessel Providers.

"Customer" means any legal person, self-employed person, or natural person, who identifies him, her, or itself in the booking form, in the offer form (name and surname, country, home address, e-mail address, mobile phone number) or confirms the reservation by sending his data by e-mail address or telephone. The Customer accepts these general terms of service as a whole. The Customer, who is a natural person, confirms that he or she is over 18 years old, and that all information provided is correct. The Customer declares and guarantees that he or she is legally authorized to sign the reservation form in his or her own name and on behalf of any other person he or she legally represents. The Customer agrees to have read, understood and agreed to the general terms.

"Vessel Provider" means a charter of a company, a marina, a natural owner of a vessel or a travel agent who owns or is authorized to operate a Vessel (e.g. sailboat, catamaran, yacht, motorboat...) and perform related nautical products or services which are occasionally available for booking.

3. Brokerage Services

As the Broker, the ET Yachting intervenes in concluding contracts about renting vessels between the Customer and the Vessel Providers. By booking a vessel, the Customer enters into direct contractual relationship with the Vessel Provider, knowing that ET Yachting acts solely in a capacity of the Broker to facilitate such a direct contractual relationship. Upon confirmation of the reservation, the Customer concludes a Cruise Contract with the Vessel Provider, whereby ET Yachting also acts solely in the capacity of a broker as a co-signatory of such a contract. Pursuant to the Customer‘s instructions, ET Yachting will provide the Vessel Provider with all information on the Customer‘s wishes regarding the journey. In avoidance of any doubt, ET Yachting does not rent any vessels and does not provide any other services to the Customer.

In carrying out the activities referred to in the previous paragraph, ET Yachting therefore does not act as a travel agency and does not offer travel, especially travel packages. The information that ET Yachting displays on the website or that it sends to Customers is based on the information provided to ET Yachting by Vessel Providers. ET Yachting cooperates with Vessel Providers whom it trusts and, to the best of its ability, verifies the accuracy of the information provided by these Vessel Providers. Although ET Yachting uses credible sources in the performance of its services, it cannot guarantee that all information is accurate, complete and correct, nor can it be held liable for errors (including typographical errors), any interruptions due to any (temporary and/or partial) malfunctions, repairs, upgrades or maintenance of the website (or any other reason), inaccurate, misleading or untrue information or for non-disclosure of information. Each Vessel Provider remains responsible at all times for the accuracy, completeness and correctness of the information (including rental price and availability) displayed on the ET Yachting website.

4. Mutual Rights and Obligations of the Contracting Parties

The mutual rights and obligations of ET Yachting as the Broker, an individual Vessel Provider and a Customer are agreed in more detail in the individual Cruise contract, in the general terms and condition of an individual Vessel Provider. The Customer undertakes always to provide the correct information on the details that ET Yachting needs to communicate between it and the Vessel Provider. Customer also undertakes to notify ET Yachting in a timely manner in the event of any changes to this information. Customer also authorizes ET Yachting to verify the accuracy of personal information and any other information provided and undertakes to cooperate with ET Yachting during such verification.

5. Use and Protection of Personal Data

ET Yachting collects, processes, and protects all acquired personal data in accordance with the Personal data Protection Act and the EU Regulation GDPR. ET Yachting collects the following personal information of its customers: name, surname, address, tax number, national identification number, contact information (e-mail address, telephone number), method of payment and all others important information related to the individual reservation of the vessel (e.g. time of arrival at the marina).

In addition, ET Yachting may also request additional personal information such as gender, citizenship, ID or passport number, date of birth, place of birth, payment information. The Customer is responsible for informing all other persons traveling with him or all third parties for whom he may organizes the trip. ET Yachting provides personal data to an individual Vessel Provider, for cooperation with which an individual Customer decides, if necessary to the business partner Tourist agency Master Charter d.o.o., Ul. Nikole Tavelića 50, 21000 Split, Croatia, Accounting service Grattex d.o.o., Detelova ulica 5, 1000 Ljubljana and potentially other companies that will support the ET Yachting in the execution of the entire service (e.g. airport shuttle , accommodation), of which the Customer will be previously informed. Furthermore, ET Yachting may also collect data from consumers' electronic devices used to access the ET Yachting online platform. This information may include details about the IP address, browser, device, and language settings used by the Customer.

6. Limitation of liability

ET Yachting is only liable for direct damage actually suffered by the Customer as a result of non-compliance with ET Yachting's obligations or breach of ET Yachting's obligations to the Customer in connection with the brokerage between the Customer and the Vessel Provider. ET Yachting shall not be liable for any damage resulting from between the Customer and the Vessel Provider. Notwithstanding the fact that ET Yachting does not act as a travel agency and is not aware that the Vessel Provider provides services that could be interpreted as travel packages, ET Yachting gives the Customer the right to withdraw from the Brokerage Contract within 14 days of its conclusion.

7. Applicable law and jurisdiction

The contractual relationship between the Customer and ET Yachting and any potential disputes that could arise from this relationship are subject to the law of the Republic of Slovenia without regard to conflict of law rules that may determine the application of any other law. In the case of any dispute between the Customer and ET Yachting, the Customer explicitly agrees that the issue shall be referred to the competent court in Ljubljana. In any provision of the Terms is invalid or becomes invalid, unenforceable, or non-binding, the Customer and ET Yachting will still be bound by all other provisions of these Terms.

8. Transitional and Final Provisions

These Terms of Brokerage Service shall apply from 01.11.2023. We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to the contracts that are concluded afterwards.