Terms & Conditions

 

SAILSATION, organization of sailing experiences Ltd., Pegamova 12, 1000 Ljubljana, Slovenia

(in further text: Sailsation Ltd.)

and

The APPLICANT

Below also: »parties«.

With the online booking of any of the SAILSATION offers, which APPLICANT or any other person in his or hers name performs through the website www.sailsation.eu or through any other connected websites, the APPLICANT agrees with currently valid

TERMS AND CONDITIONS

of the company SAILSATION Ltd.,

Present terms and conditions are agreed also by every other person, who is, in accordance with this terms and conditions, regarded as the APPLICANT.

1. Initial statement
The parties initially acknowledge the following statements:

1.1 Currently valid terms and conditions are applicable for both parties and arrange a contractual relationship between them.

1.2 Company SAILSATION, Ltd., is the intermediary between providers of services, who provide the services of any of the SAILSATION offers available on the website www.sailsation.eu or on other connected websites, and the APPLICANT.

1.3 The Terms and conditions of third parties, which provide the services, which represent any of the SAILSATION offers, constitute the contractual legal relationship between the Applicant and the above mentioned third parties.

1.4 APPLICANT and the company SAILSATION Ltd. , are obliged to accept these terms and conditions and any other agreement between APPLICANT and the company SAILSATION Ltd. .

1.5 As an APPLICANT is regarded any person, who books any of the SAILSATION offers directly through the website www.sailsation.eu or through any other connected websites, and also any other person, in whose name someone else performs the before mentioned application/booking of the selected SAILSATION offer. (All mentioned is valid also for APPLICANTS, which apply according to the section 4.3 of these Terms and Conditions. )

1.6 Details about the selected SAILSATION offer, which was booked by the APPLICANT on the website www.sailsation.si or on connected websites, will be known and published at least 30 days before the commencement of the selected SAILASTION offer. In case of any major changes in realization of the SAILSATION offer in question, the company SAILSATION, Ltd. is obliged to inform the APPLICANT about changes as promptly and as quickly as possible.

1.7 SAILSATION, Ltd. is not responsible for acts and omissions of third persons, who are providers of services, which are part of any of the SAILSATION offers. SAILSATION Ltd. , is not responsible for acts and omissions of the APPLICANT, or persons connected, with him or third parties , as also for force majeure and other unpredictable events.

1.8 Despite the section 1.6, the APPLICANT is obliged to regularly monitor the website www.sailsation.eu and connected websites, because of possible changes to these Terms and conditions or to the SAILSATION, offer to which he/she applied. SAILSATION, Ltd. , reserves the right of changing these Terms and conditions, and changing any other component of the SAILSATION offers, which are available on the website www.sailsation.eu or on connected websites. SAILSATION, Ltd. , reserves the right to amend any other agreement, contracted with the APPLICANT.

1.9 The company SAILSATION, organizacija jadralskih doživetij d.o.o., is providing intermediary/broker services for natural persons, and not for legal persons

1.10 Because of the mode of concluding the contract, which is arranged by the present Terms and conditions (conclusion of the distance) The APPLICANT agrees, ), that the company SAILSATION Ltd., does not know and can not know about any kind of personal or objective circumstances regarding the APPLICANT, which can be the cause for invalidity of the contract, which is concluded through the application via the online form on the website www.sailsation.eu or through connected websites and on basis of present Terms and conditions, with the company SAILSATION, Ltd.

1.11 The company SAILSATION Ltd. , will try their best efforts to conclude the contracts with third parties , who provide the APPLICANT with accommodation facilities, which are included in the chosen SAILSATION offer,.

1.12 The company SAILSATION Ltd., concludes contracts with third parties – who are providing accommodation and others services – few months before the realization of the selected SAILSATION offer. Because of the above mentioned reason, the company SAILSATION Ltd. reserves the right of changing the actual execution of the selected SAILSATION offer, if this is necessary for the provision of services, which constitute the selected SAILSATION offer. The company SAILSATION will try their best efforts, to minimize most of the changes. The changes will be for example: amount of deposit insurance, equipment on the sailboat, etc. The company SAILSATION, Ltd. will try their best to inform the APPLICANT of such changes.
The circumstances, under which the company SAILSATION, Ltd. can withdraw from the contract, concluded on basis of these Terms and conditions.

1.13 The company SAILSATION, Ltd., reserves the right to cancel the APPLICANTS reservation of the selected SAILSATION offer at anytime. The company SAILSATION, Ltd., will in case of inability or difficulty of performance of the selected SAILSATION offer, inform the APPLICANT about alternatives of performance of the selected SAILSATION offer. If agreement between parties about the abovementioned alternatives is not possible, or in case of circumstances which are beyond the control of the company SAILSATION, Ltd.., the company SAILSATION Ltd.., has the right to cancel APPLICANT’S reservation of the selected SAILSATION offer. In case of the situation, described in the last sentence, the company SAILSATION, Ltd. is obliged to reimburse the APPLICANT the already paid amount for the selected SAILSATION offer, minus all the costs of intervention for APPLICANTS benefit that the company SAILSATION Ltd. had already covered.

1.14 SAILSATION, Ltd. also reserves the right to withdraw completely or partially from the contract without reservation to the conditions of withdrawal in the section above, also in exceptional circumstances which occur during or before the realization of the program. Circumstances are exceptional if they could not be expected, removed or avoided, and the company SAILSATION, Ltd. takes these circumstances for a valid reason, that the contract under these Terms and conditions would not be concluded, if the circumstances would exist in time of the conclusion of the contract. The parties agree that the company SAILSATION Ltd., in case of force majeure (war, industrial dispute, terrorist activities, natural or other disaster, fire, unsuitable weather conditions, serious economic instability and uncertainty, inflation or deflation) is not obliged to reimburse the APPLICANT for any kind of compensation. The APPLICANT is considered to be informed about the onset of any of the abovementioned examples of force majeure, when the company SAILSATION Ltd. publishes the information regarding force majeure on the website www.sailsation.eu or on any other media.
Valid documents

1.15 The APPLICANT has to have a valid passport or any other valid appropriate document, which enables him to enter into an individual country. The APPLICANT, who is not an EU citizen, is also obliged to take care for all documentation required in countries, where SAILSATION offers are executed If the APPLICANT loses the documents or in the case of theft of documents indispensable for further accommodation in the country or for the return trip, the APPLICANT has to arrange new documents at his own expense. In case that the before mentioned loss of theft causes the termination of the APPLICANT’S contract with third parties, which provide services that represent the selected SAILSATION offer, the APPLICANT is not entitled to a proportional refund of the amount paid form section 3. of these Terms and conditions.

1.16 The APPLICANT is obliged to respect customs and currency regulations, prescribed by the country where the services of the selected SAILSATION offer unwind. If the APPLICANT breaches those regulations and as result cannot take full advantage of the SAILSATION offer, the APPLICANT bears all the consequences and costs, incurred in connection with this. SAILSATION, Ltd., is not responsible for potential complications or for APPLICANT’S termination of the selected SAILSATION offer, arising from APPLICANT’S non-compliance of host countries customs, currency and health regulations.

1.17 Health insurance in not included in the price of each individual SAILSATION offer. APPLICANT’S responsibility is to take care for his/hers health insurance.

1.18 The company SAILSATION, Ltd. is not responsible for acts and omissions of third parties, with whom the APPLICANT concludes the contract about performance of any of the SAILSATION offers, after the intervention of the company SAILSATION Ltd. The company SAILSATION, Ltd. is also not responsible for acts and omissions of the APPLICANT, third parties or for consequences of events or circumstances, which were not foreseeable or avoidable in spite of care required.

1.19 The photographs of the sailboats, listed dimensions, quantity or any other piece of information about the services of the SAILSATION offers are informative and have a general nature. Because of the abovementioned, derivations of actual sailboats, objects or others components of any of the SAILSATION offers compared to the symbolic photos and pictures on the website www.sailsation.eu or on others connected pages, are possible. All details about the services of SAILSATION Ltd., or about the subjects, objects and others components of the SAILSATION offers on the website www.sailsation.eu or on any connected websites, cannot be legal standing for any kind of claim.

2. Application procedure

2.1 The APPLICANT can, notwithstanding the type of the SAILSATION offer in question, which are available on the website www.sailsation.eu or on connected websites, apply through a completed online form on the website http://www.sailsation.eu/si/prijavi-se or on connected websites – list of partners websites: http://www.vgmania.eu/vacanze-in-barca-a-vela.html.

2.2 The APPLICANT is obliged, when registering as mentioned in sections above of these Terms and conditions, to list complete, precise and authentic information. In case if he/she provides incomplete, imprecise and unauthentic information, the APPLICANT is responsible for any and all damage, which is suffered by SAILSATION, Ltd. or any third party.

2.3 The APPLICANT will, after registration as in section 2.1 of this Terms and conditions, get on his e-mail address an e-mail with details of the selected SAILSATION offer, terms of payment and terms of third parties, with whom the Applicant concludes service contracts for the chosen SAILSATION offer.

2.4 The APPLICANT is obliged to provide Sailsation Ltd. with timely information, regarding any change of data, which are necessary for a successful application under the provisions of section 2.1 of these Terms and conditions or any other data, relevant for the performance of this contract.

2.5 Usage of promotional materials
The APPLICANT complies with being photographed and videotaped by official SAILSATION Ltd. cameramen. APPLICANT also allows and complies with commercial and promotional usage of the before mentioned video material by SAILSATION ltd.

2.6 Newsletter and privacy policy
The Applicant allows the usage of his/her personal data by SAILSATION Ltd. which commensurates with Slovene Personal Data Protection Act (Official Gazette of the Republic of Slovenia, no. 94/2007et al.) and with relevant European Directives and Regulations. The Applicant agrees, that SAILSATION Ltd. can use the above mentioned Applicant's personal data for statistical purposes, for market segmentation and for past customer behavior analysis, for contract compliance analysis, for sending of offers, commercial materials, SAILSATION Ltd. and our partners event invitations and for written and web customer surveys and orders collection.
The above mentioned personal data can be used by SAILSATION Ltd. unlimited until Applicants written revocation to the contrary is received by SAILSATION Ltd. The APPLICANT holds all the rights according to the Slovene Personal Data Protection Act and relevant European Directives and Regulations.

3. Payment and pricelist

3.1 When APPLICANT applies on the www.sailsation.com he/she provides the necessary data and pays at least 20 % of the price within 48 hours after the application for the selected SAISATION arrangement. The following tranche payments must be payed by the APPLICANT according to the following scheme:

20% of the whole price - payment due: 15.03. 2012
20% of the whole price – payment due: 15.04. 2012
20% of the whole price – payment due: 15.05. 2012
20% of the whole price – payment due: 15.06. 2012

The application is considered valid, only if the above mentioned steps are followed. . If the APPLICANT doesn't pay the first tranche within 48 hours of applying according to the section 2.1 of this document, the contract between Sailsation Ltd. and Applicant terminates immediately after the 48 hour deadline.

If the APPLICANT applies after 15.03.2012, he/she must pay 20% of the entire sum in two days after his/her application. The following tranche payments must be payed by the APPLICANT according to the following scheme:
40% of the whole price – payment due: 15.05.2012
40% of the whole price – payment due: 15.06.2012

If the APPLICANT applies after 15.05.2012, he/she must pay 35% of the entire sum in two days after his/her application. The payment of the second tranche, which represents 65% of the entire is due 31.06.2012.

The APPLICANT must comply with all the above mentioned payment deadlines. Sailsation Ltd. can, in case of default as a result of APPLICANT'S violation of the terms of this article, cancel the APPLICANT reservation of the chosen SAILSATION offer according to these terms.

3.2 Parties agree, that the bellow listed pricelist is valid for all SAILSATION offers, available on the sailsation website: www.sailsation.eu or on the affiliate websites.

Application and first tranche payment. Selling price
Till 31.01.2012 560,00 EUR
Till 31.03.2012 590,00 EUR
After 01.04.2012 635,00 EUR

3.3 Parties agree that Sailsation Ltd. is entitled to the payment as defined in the last article above, without reservations regarding Applicants failure to contract with third parties, which perform the services representing any of the SAILSATION offers.

3.4. Parties agree, that Sailsation Ltd. is entitled to cost reimbursement for all costs, which arise from Sailsation Ltd. activities oriented to comply with the order from the article 2.1 of this terms without reservations regarding to success of the mentioned actions.

3.5 Compulsory and approximate extra expenses that the APPLICANT must cover are following: Deposit insurance – Upon AAPPLICANT'S arrival to the designated marina, he/she must pay a uniform sum of 40€ per person, with no regard to the size of the vessel in question. The deposit insurance is nonrefundable and covers all eventual damage, defined in the terms and conditions of third parties, which – through Sailsation Ltd. broking – rent the vessels in question to the APPLICANT Additional to deposit insurance, APPLICANT covers fuel expenses (fuel is payed on return to the marina, approximately 10€ per person), transit log (payment is due, when the APPLICANT acquires the vessel), mooring and fees in other marinas, ports and anchorages. (according to the pricelists of local providers – average price for the whole week is approximately 30€ per person). The beneficiaries of all before mentioned amounts are local providers and not Sailsation Ltd.

4. Cancellation of Contract due to the fault of APPLICANT.

4.1 Sailsation Ltd. can cancel this contract without period of notice in the case of following defaults or failures to comply by the Applicant:
- In case of APPLICANT'S default of payment as a result of failure to comply with the due payment deadlines specified in section 3. of these Terms and conditions.
- In case of APPLICANT'S default as a result of failure to provide correct, timely and seamless data as specified in section 2.2. of these terms.

The parties agree, that in case cancellation is caused by one of the above listed cases of default and Sailsation Ltd. indures any costs connected with complying with this contract, Sailsation Ltd. has the right to reimburse from the amount, that the APPLICANT has payed for the chosen Sailsation offer.

4.2 The parties agree that this broker contract is terminated in the moment, when Sailsation Ltd. arranges for the APPLICANT to come into contact with third parties, with whom the Applicant will enter into contracts regarding the services, which represent the chosen Sailsation offer. The before mentioned broker contract is terminated under the terms of this article without reservation to APPLICANT'S actual success in contracting with the before mentioned third parties, if his failure to contract is a result of APPLICANT'S non – compliance with this terms.

4.3. The APPLICANT can cancel this contract. In case that Sailsation Ltd. indures any costs connected with complying with this contract, Sailsation Ltd. has the right to reimburse from the amount, that the APPLICANT has payed for the chosen Sailsation offer. If the APPLICANT cancels this contract at least 40 days before the sailing commences, he or she can find a substitution and inform Sailsation Ltd. about the substitute person. Salisation Ltd. will do its best, to replace the APPLICANT with his/hers substitute. Any substitution expenses are covered by the APPLICANT

4.4. The Parties agree, that the term for successful termination of this contract is a written notice, which is sent via registered mail, except in case of cancelation from section 3.1 of these terms.

4.5. The Parties agree, that the APPLICANT is obliged to reimburse the company Sailsation Ltd. in case of his/her cancelation of this contract in inappropriate time

5. Final Provisions

5.1 The Parties will settle any misunderstandings and disagreements regarding this contract in accordance with the principle of good faith. Parties will perform all obligations under these Terms in accordance with good management.

5.2 The Parties agree, that Sailsation Ltd. has the right to claim reimbursement from the APPLICANT in case of damage – arising from this contract or other damages, which result from any Applicant's failure to comply with these Terms and any additional agreements between the Parties.

5.3 Sailsation Ltd. will, 7 days before sailing, provide the APPLICANT with detailed information regarding the services which represent the Sailsation offer, which was chosen by the APPLICANT

5.4 The Parties agree, that Slovene Law is applicable to these terms. In case that Parties cannot settle eventual disputes arising from these terms by common consent, the competent court for resolving all disputes between the Parties is in Ljubljana, Slovenia.