WEBSITE AND SERVICES
1. Scope of the Agreement
Sailum provides an online platform that connects boat owners who have a sail boat to list and book with boat owners or boat lovers seeking to book such a vessel either as a rental or as a swap (collectively, the “Services“), which Services are accessible at www.sailum.com ( “Website“).
As a Member you may (i) offer your boat for rent or swap Services to the Member community of Sailum (“Host Member”), or you (ii) you can request offers for rental or swaps of boats listed on the Website (“Guest Member”) (hereinafter each also called “Member”)
By registering as a Member, you acknowledge and agree that any actual contract for a specific reservation via this Website is a legally binding agreement between two Members and that if you make a reservation for a rental or swap with a particular Member through the Website you will be bound by the reservation confirmation with regard to price, security deposit and booking data for the swap or rental and other related matters.
Sailum is not a party to the contract between the Members who arrange a vessel rental or swap between them; Sailum merely makes available the Website as a platform for Members to meet, communicate, and arrange booking of a certain vessel for rent or swap during a certain period.
The Website and Services offered hereunder are intended solely for persons who are 18 years of age or older. Any use of the Website or Services by anyone under 18 is expressly prohibited. By using the Website, you represent and warrant that you are 18 or older.
Additional guidelines or rules may be posted by Sailum unilaterally at any time which may be applicable to your use of the Services, your use of this Website and /or your relationship with Sailum. In the event you do not agree with such additional guidelines or rules, you may terminate this Agreement forthwith and per such date cease your use of the Website and the Services.
The booking of a swap or rental is concluded between the host Member and the guest Member. Sailum accepts no liability for such transactions, which are effectuated strictly between the Members themselves.
Sailum shall not be responsible for the non-performance or exact and compliant performance of those services that fall under the scope of the agreement between the Members, which has come to be by use of this Website.
The Website and Services comprise an online platform ONLY through which Members may create listings for their sail boat and Members may learn about and book sail boats directly with the boat owner Member, whether for rental or swap. You understand and agree that Sailum is not a party to any agreement entered into between Host Member and Guest Member through these Services, nor is Sailum an agent or insurer or any type of interested party. Sailum has no control over the conduct of Host Members, Guests Members and/or other users of the Website and Services or any vessels used, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to create a listing on Sailum, you understand and agree that your relationship with Sailum is limited to being a Member and an independent, third-party contractor, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Sailum.
Sailum does not control your listing, nor activities associated with your listing, or any other matters related to any listing, that you provide yourself in your registration or listing. As a Member you agree not to do anything to create a false impression, including false or misleading information about the sail boat in your listing. You acknowledge and agree that, by accessing or using the Website or Services or by downloading or posting any content from or on the Website or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services. If you do not agree to these terms, then you have no right to access or use the Website, Services, or Content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4. Vessel listings, accuracy of information
Through the Website the Members may post their vessel(s) as available for rental, for swap or for both. The Member may upload any information it deems important, including at least the rental price, availability for swap/rental, agenda, a (detailed) description of the boat and its facilities, all applicable terms, photos and all other relevant information in connection with the vessel. Of course, the more the Member uploads, the more attractive the vessel will be for potential Guest Members.
Host Members are free to decide their rental prices, adjust the published availability for their vessels, contact and be contacted by Members by using the Website communication facilities, receive booking rental or swap requests and earn reviews through use of the Services. The Host Member is obliged to post to the Website a description of the vessel, and warrants to Sailum that any information so posted by Host Member in the listing is true and accurate in all material respects and that Host Member is fully responsible at all times for the accuracy, completeness and correctness of the all information posted by them and displayed on the Website.
Sailum requires Host Member to upload her insurance policy in case of a reservation for scrutiny by Guest Member so that they can themselves ensure the vessel is fully insured for their intended use.
Sailum reserves the right to require from you as a Member to provide proof of identity and ownership or rights to the vessel and that all necessary conditions, licenses, permissions from competent authorities, insurances and any other prerequisites arising from any applicable laws are met by Member and you as a Host Member will hold Sailum harmless from any and all claims pertaining to a (lack of or incorrectness in) any of the requirements set forth above.
A Guest Member can make a rental booking request to a Host Member for a certain period, in which request he can negotiate on price and can communicate with regard to any other requirements.
Host Member can reply on the rental booking request by accepting the rental offer or by stating his terms for agreement. Finally, the Guest Member submits a booking request to Host Member. As long as this rental offer has not been explicitly accepted by Host Member and the payment has not been processed, Guest Member may cancel the booking at no cost by clicking the “cancel” button. Once a rental has been accepted and paid for, Guest Member may cancel the booking only in conformance with our cancellation policy.
Reservations become confirmed upon completion of the booking process on the Website, including payment of the rental fee through payment service provider Mollie. The Website will generate a booking confirmation for a reservation of a rental period, including all details with respect to services included, vessel location, contact persons, safety deposit required and the way to pay it, cleaning fees, use of linens, etcetera. Cancellation after payment is made is subject to the cancellation policy as set forth in Article 9 hereof.
For swap bookings, a Member wishes to reserve a Host Member boat and offer his own boat in return. The dates upon which each party may use the other Member’s boat will be agreed upon and any additional services will be laid down in a swap confirmation in which the names of the vessels involved, dates, times and mooring place will be specified.
Host Member, by offering his vessel for rental Services hereunder, hereby confirms and agrees that the vessel is properly insured for use by third parties under a rental contract or a swap contract and shall hold Sailum harmless in this respect for any and all claims. The insurance policy documents will be uploaded to the Website for perusal by Guest Member as soon as a booking has been confirmed. It is Guest Member’s responsibility to check the insurance papers on correctness and coverage for the intended use.
Damage to Vessel and Security Deposits As a Guest Member you are responsible for leaving the vessel (including any personal or other property) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the vessel. In the event that a Host Member claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Host Members may choose to include security deposits in their listings. Each listing will describe whether a security deposit is required for the applicable vessel. If a Host Member has a damage claim for a confirmed booking, the Host Member can seek payment from the Guest Member.
6. Intellectual property
Each Member acknowledges and agrees that by posting Content, you grant to Sailum an irrevocable license and a right of use of all text, graphics, logos, icons, images and any and all other information posted by you in connection with the vessel and/or your own background information to the Website. The license and right includes but is not limited to allowing Sailum to make use of such Content including text, graphics, logos, icons, images with any and all other information in social networks, newsletters, and to any other kind of advertisement and for such commercial purposes as Sailum thinks fit and proper for the promotion of their business.
As a Member, you will not post, upload, publish, submit or transmit any content that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights and will hold Sailum harmless in such respect.
7. Member Fee
Sailum may, at some point in the future, require a Member fee on a monthly or recurring basis. However, for now the use of the Sailum Services is not connected to a recurring subscription fee or membership fee.
Sailum receives the rental monies for the Host Members and retains 8% of any rental transaction as a handling fee. Vessel swap Services will be for free for now.
You undertake to keep Sailum and their employees, agents, representatives and affiliates, indemnified against all actions, claims, costs, expenses, including legal costs and legal expenses, due to any neglect or default of the Member in connection with the performance of its obligations under a rental or swap contract.
Through the Website, Members have the opportunity to search and view available vessels, including but not limited to details, photos, prices, and contact details of the host Member to inquire and/or apply for a reservation. It is important that Guest Members check the information uploaded onto the Website. It is understood that Sailum shall not carry any responsibility for the information on the Website in connection with the vessels.
Although care has been taken to ensure the accuracy of the information on this Website, Sailum assumes no responsibility therefor. ALL CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”.
SAILUM HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, OR THE CONTENT. Sailum does not warrant or make any representations as to the security of this Website, nor that the Website or the Content or the servers which make this Website or the Content available will be and remain available, uninterrupted and error-free or electronic communications sent by Sailum are free from viruses or any other harmful elements.
Sailum is liable only for direct damages incurred by a Member as a result of wilful misconduct (“opzet”) or gross negligence (“grove schuld”) by Sailum. In the event of an occurrence that leads to liability for Sailum, the maximum liability of Sailum is limited to the amount Sailum will be paid for the transaction, with a maximum of EUR 1 000.-
IN NO EVENT SHALL SAILUM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, THE SERVICES OR THE CONTENT, EVEN IF SAILUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST SAILUM PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE, THE SERVICES OR CONTENT MUST BE COMMENCED AND NOTIFIED TO SAILUM IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
If you live in a country or state that does not allow (part of) the foregoing exclusions or limitations of liability or any part of the disclaimers of warranties above, such exclusions or limitations will apply to you only to the extent such exclusions or limitations are allowed and they shall be limited to the extent required by applicable law.
As a Guest Member, if you cancel your confirmed reservation by use of the “cancel” button in the transaction summary after payment has been made, the following cancellation policy will apply:
More than 2 months before commencement date 100% rental cost ex fee
2 months – 1 month before commencement date 50% rental cost ex fee
1 month before until the commencement date: no refund can be made
A Host Member may cancel the confirmed and paid booking only (i) due to reasons beyond their control and (ii) after such cancellation has been agreed with Sailum and Guest Member. Any damage incurred as a result of such cancellation will be for the Host Member, and Host Member will indemnify and hold harmless Sailum in this respect.
10. Posting of Digital Files and Communications
This Website provides the possibility for Members to post digital files and/or to communicate with, or otherwise share information with other Members (“Content”). Therefore, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal Content while connected to or otherwise directly or indirectly using this Website or Services. Transmission of such material or any material that violates any law in the Kingdom of The Netherlands or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Agreement entitling Sailum to immediately terminate all your rights to access to this Website. You are solely responsible for all information, which you submit, publish, display, disseminate or otherwise communicate through this Website. You agree that all messages and other communications by you shall be deemed to be readily accessible to all other Members and you agree that all such messages and other communications shall not be deemed to be private or secure.
The copyright in all material provided on this Website (“Content”) is owned by Sailum or by Members. You as a Member acknowledge and agree that this Website may contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through this Website, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Sailum or the copyright owner.
However, you may print a copy of the information on this Website for your personal, non-commercial internal use or records. In so doing, you may not modify the materials and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you breach any of these Terms. If you make any other use of this Website, Content or Services except as otherwise provided herein, you may violate copyright and other laws of the Kingdom of The Netherlands and/or copyright and other laws of other countries and may be subject to penalties.
12. Security, verifiable information, No Endorsement
Sailum does not endorse any Member or vessel. You understand that images are intended only to indicate a photographic representation of the accommodation at the time the photograph was taken. Members are required by these Terms to provide accurate information. Sailum may ask you to provide identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify the identities or backgrounds of Members and/or screen Member information against third party databases or other sources but is not required to do so. By registering for a Sailum account, you agree that Sailum may - but is not obligated to – do an identity check.
Any references in the Website or Services to a Member being “verified” only indicates that the Member has completed a relevant verification process of their phone number and email address, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Sailum about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable.
This Website may provide links to other Internet sites. Sailum is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external websites do not constitute an endorsement by Sailum of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, Sailum reserves their right to terminate any link or linking program at any time. Sailum does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that Sailum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, services available on or through any such site if you decide to access any of the third party websites linked to this Website, you do this entirely at your own risk.
You acknowledge that Sailum reserves the right to, and may (from time to time) monitor any and all activity or information transmitted or received through this Website. Sailum in their sole discretion and without further notice, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Sailum deem inappropriate or that violates this Agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this Website, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this Website may be prosecuted to the full extent of the law.
Members agree that Sailum may, in their sole discretion, deny you access to the Website and disable any login name and password associated with you for any reason, including, without limitation, if Sailum believes that you have violated or acted inconsistently with this Agreement. Sailum reserves the right at any time to modify or discontinue, temporarily or permanently, the Services offered under this Website (or any part thereof) with or without notice. You agree that Sailum shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services offered.
15. Applicable Law and Jurisdiction
This Agreement shall be governed and construed and interpreted in accordance with the Laws of the Kingdom of The Netherlands and both parties submit to the jurisdiction of the courts of Amsterdam, The Netherlands, except that Sailum may choose the statutory or personal address of the member as jurisdiction if this would be easier.
16. Privacy Statement
Sailum has a Privacy Statement, which explains how we care for your personally identifiable information.
If you have a question or complaint, please contact us at firstname.lastname@example.org
Sailum B.V. i.o.
1141 PB Monnickendam
Telephone: + 31 6 301 48992
Chamber of Commerce Registry: 34351362
VAT number: NL 1939.08.979.B01
Version date: January 16th, 2016