THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The travel service Intersailclub provides to you is subject to the following Terms of Service (“TOS”), which may be updated without notice at any time. By using the Intersailclub website and the Intersailclub service you agree to abide by all terms and conditions of the “TOS”. You also acknowledge that you have read and reviewed the following safety guidelines and conditions.
LAST UPDATE: January 31, 2015
Area of application
Intersailclub GmbH (subsequently named: ‘ISC’) performs its services based on the following general terms and conditions. ISC is entitled to make changes or improvements to the terms and conditions at any time with immediate effect.
BY USING THIS SITE and THE SERVICE OFFERED BY ISC, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THIS AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE and the services offered by ISC.
What is Intersailclub (ISC)
ISC is a travel network designed to connect travelers who want to share a travel experience. ISC is also a social booking platform that allows users to book a single spot in a group travel environment. Many people use ISC simply as a great source for personal travel information. In this way, ISC is a travel platform that offers a tour service for people who want to create their own private travel/cruise, and can also be used for people who desire a “blind” booking and don’t mind not knowing who their travel companions will be.
Through the Website, ISC provide an online platform through which Hosts can advertise their Cruises, Vessels and/or other related or similar Listings for reservation. Hosts are free to post their fees, adjust the availability for reservation of their Cruises, Vessels or Listings, manage upcoming bookings, contact and be contacted by Users of the Website, receive booking requests, earn reviews for their services, post their terms and conditions and many more subject to these Terms & Conditions
Although ISC Website offers travel packages to the users, said packages that are booked/bought are guaranteed by the companies (Hosts) that sell their travel/tours on ISC. ISC do not do business as organizers, agents, or providers for Vessels rentals, crew placement and/or other Listings. ISC do not own or manage or lease Vessels or hire others to perform any Listings. ISC merely make available the Website for Hosts and Users to agree and arrange for a Booking of a certain Cruise, Vessel or Listing
ISC is not a broker, but is a social travel network, where the Host can enjoy many benefits, such as be part of a world community, enjoy the ISC world advertising, join the cabin charter market, enjoy all the functionality of the platform where Users may also proceed to secure online payments. Moreover the identity of the Host IS NOT hidden and the User always has the knowledge of who the Host is. ISC is not involved in the actual contact between Users and Hosts.
ISC role is solely to facilitate the availability of this Website for the Hosts and to provide the Services related thereto. Through the Website a User can make a Booking of a specific Cruise, Vessel or Listing posted on this Website offered by a Host. Each User by making a Booking through the Website will enter into a direct contractual relationship with the particular Host at which he books. ISC act solely as an intermediary between a User and a Host.
How it works
When the Host signs in ISC Platform as Independent trip organizer or Charter Company, ISC will reply the Host and will assign him a private account in the Administrator Hosts Panel.
Through the Panel the Host will post, either by himself or with the assistance of ISC, his Cruises, Vessel(s), travel packages together with the price for booking, details, terms, photos and all other relevant information in connection with the Listings.
Prior to the publishing of any Listing, ISC will approve such Listing. The Host shall, upon the request of ISC, provide ISC with proof of ownership of the Vessel/Listing and that all licenses and authorization in respect of the Vessel/Listing have been duly obtained.
The Host is obliged to post to the Website a full description of his Cruise/Vessel, upload photos and/or images, and/or icons/ and or graphics which must correspond to the Cruise/Vessel that the Visitor agrees to pay the Booking Fee. Information that ISC disclose are based on the information provided directly by each Host. As such, Hosts are fully responsible for updating all rates, availability and other information which is displayed on the Website. When ISC is supporting the Host in publishing his content and/or updating the content, the Host has always the responsibility to check what is displayed on the website. As such, ISC are only responsible for establishing contact between the Host and the User. ISC 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 Host and the Customer. Each Host remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates and availability) displayed on the Website. The Host will be responsible for determining the price of each Listing, Cruise or Vessel and any additional charges that may exist. You understand and agree that once a Visitor requests a Booking of your Cruise, Vessel or other Listing, the price that you have set for such a booking may not be altered. As a Host you acknowledge and agree that you are solely responsible for any of your Vessels or other Listings on the Website.
The Host must also post and provide the User with his specific written contract/charter agreement which will regulate all aspects related to the services provided. This Charter agreement must contain in a very clear form the Modification/Cancellation Policy
Once Host’s Cruises, Vessels or Listing are displayed online, Users can contact the Host via ISC Platform and ask him any information or detail. When the Host has a message in his account, ISC send the Host a email to remind him that a message is waiting for him.
When a User books a Listing, ISC will then notify the concerned Host by email to accept or reject the Booking request. Hosts are required to either confirm or reject the Users Booking request within a time limit of 48 hours. If the Booking request is subsequently accepted by the Host through the Website, the User will receive an email confirming the Host’s booking confirmation.
The reservation of Cruises or Vessels and or any Listing is concluded between the Host and the User under the terms of business of the Host and ISC accept no liability for such transactions. ISC will only allow the Host to use the Services and, where necessary, to offer its expertise and assistance for posts or uploads. ISC will also offer the secure online payment system to assure Users booking and transmit the details of the reservation to the relevant Host, sending to the User a confirmation email for and on behalf of the Host.
It is understood that the performance of the Host’s services to the Visitors will not commence until the Full Booking Fee has been obtained in accordance with the Terms and Conditions.
The Host agrees that in the event it concludes a Booking with a User as a result of using the Website and Services, then, in consideration of the use of the Website and the Services, ISC shall charge the Host a Service Charge, exclusive of any applicable VAT and similar sales taxes which may be charged in addition thereon, and in respect of which ISC may issue or be required to issue to a Host a valid VAT or similar sales tax or other invoice. ISC is based upon a percentage of 15% (unless otherwise agreed) of the Full Booking Fee of each Booking that you post for each Cruise, Vessel or for any other Listing that you may list and post on the Website. The fee is deducted from each payout to you as a Host and it excludes expenses such as bank transfer fees, credit cards transaction fees, VAT, and other taxes if applicable.
You as a Host understand and agree that the price of each Listing, Cruise or Vessel must be the same price that you have set for such a booking through your website and/or your direct sales channels, the price may not be altered or increased. If there is any evidence that you as the Host are selling your cruises/Vessels/Listing via ISC Website with a altered or increased price, ISC reserve the right to modify or terminate your service without notice at any time.
Online Booking Process / Payment / Means of payment
ISC cruise quote takes into account CRUISE PRICES ONLY. The total cost of a cruise generally includes the following items: Cruise quote account + Cruise quote balance (including discounts and special offers) + Addictional fees (mandatory and generally payable at boarding time) + Extra fees (optional and generally payable at boarding time or during the cruise).
The list of these charges will be present on the booking confirmation, but the User is called to pay via the Website only Cruise quote account and Cruise quote balance.
Users can pay using the following means of payment: Credit Card, Bank Transfer.
When a User is paying by credit card, he will not be charged until the Host confirms the booking.
ISC will notify each Host as soon as a User has successfully completed a payment. ISC shall hold all monies collected from Users upon a booking confirmation, subject to a duty to transfer or account to each Host in respect of such monies, which ISC shall pay to each Host by bank transfer or in any other way agreed between the particular Host and ISC, and in the currency that the particular Host have set for the relevant Listing, less ISC Service Charge as described above. Unless ISC otherwise agreed with each particular Host, ISC shall initiate the payment to each Host of all net monies collected from Visitors which are due to each Host within 5 to 15 business days (being days where banks are open in Europe) from the date of the receipt of the full amount of the Booking from the User.
As a Host you agree that, in case the User is paying via bank transfer ISC allow the Visitor 2 days to make payment and until the payment is confirmed (considering bank delay) the Cruise/Vessel will be set in an “Option” status for the requested dates. In such a case where you as a Host have your Cruise, Vessel or other Listing in an Option Status then you hereby undertake and agree that you consider this Cruise, Vessel or Listing as booked and you should not proceed with booking it out to any other customer and or other third person for the specific date/s.
When receiving the payment by ISC, the Host is required to issue and send the invoice to ISC.
The same procedure will be followed for deposit and balance payment.
When the Host is an individual yacht owners (instead of yacht charter companies), you as the Host agree that ISC shall hold all monies collected from Users for balance payment ISC until 24 hours after check-in.
i. not to use this Website to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
ii. not to interfere or disrupt this Website or any networks connected to this Website;
iii. not to use any device, software or routine or attempt to interfere with the proper functioning of this Website or any transactions being offered at this Website;
iv. not to take any action that imposes an unreasonable or disproportionately large load on ISC infrastructure;
v. not to use this Website to collect or harvest personal information, including, without limitation, financial information, about other participants at this Website; and
vi. not to impersonate any person or entity or falsely state or otherwise misrepresent the Hosts or Visitors affiliation with a person or entity.
vii. not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using this Website or other services provided to you by the Website.
The Host agrees that ISC may review Host’s uploads to the Website and may remove or refuse to display contents that is deemed by ISC to be obscene, vulgar, libelous, defamatory, harmful or hateful, any forms of unsolicited or unauthorized advertising, any illegal or unauthorized purposes.
Hosts agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Website.
Hosts agree that they have hereby been informed and noticed that any and all messages and other communications which you either as a Host submit to this Website directly or through this Website can be read by the operators and/or other agents of this Website, whether or not they are the intended recipient(s).
Age and Responsibility
Hosts represent that they are of sufficient legal age to create binding legal obligations and to be responsible for any contractual and/or financial liabilities that they may incur as a result of the use of this Website. Hosts understand that they are financially responsible for all uses of this Website and/or those using their login name and password. Should a Host have lost or become aware that an unauthorized person may have access to his login name and/or password, must contact ISC immediately.
The site content and works provided on these pages are subject to Switzerland copyright law. The reproduction, modification, distribution, or any kind of commercial exploitation outside the restrictions of copyright law require the written consent of the author or creator. Downloads and copies are permitted only for personal, noncommercial use. Insofar as the content on this site is created by the operator. Third party content is marked as such. Should you become aware of copyright infringement, please notify us immediately. Upon notification of violations, we will remove the content immediately.
As a Host You agree that you grant to ISC an irrevocable license and a right of use of all text, graphics, logos, icons, images with any and all other information posted by you in connection to Cruises, Vessels or Listings that are posted on the Website. The license and right includes but is not limited to allowing ISC to make use of such 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 ISC thinks fit and proper for the promotion of their and your business.
You acknowledge that ISC or their designee’s reserves the right to, and may (from time to time) monitor any and all activity or information transmitted or received through this Website. ISC 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 ISC deem inappropriate or that violates these Terms & Conditions. 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 will be prosecuted to the full extent of the law.
You as a Host agree that ISC may, at 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 ISC believe that you have violated or acted inconsistently with the letter or spirit of these Terms & Conditions. ISC reserve the right at any time and from time to 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 ISC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under this Website.
ISC AND AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU AS A HOST.
ISC AND/OR THEIR DIRECTORS, AND/OR THEIR OFFICERS, AND/OR THEIR SERVANTS, AND/OR THEIR AGENTS AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY LIABILITY IN CASE OF DAMAGES, LOSS, ECONOMIC
LOSS HOWEVER CAUSED TO A VESSEL OR TO THE HOST BY THE VISITORS OF THE WEBSITE.
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed and construed and interpreted in accordance with the Laws in Switzerland and both parties submit to the jurisdiction of the courts of Switzerland.
Here repeated synthetically, the Host warrants, declares and undertakes that:
It is the legal and beneficial owner of and has good and marketable title to the Vessel and the Listings and/or it has been properly authorized to use the Vessel and offer the Listing and/or it has obtained an exclusive unconditional right for the use of the Vessel and provision of the Listings.
It has obtained all necessary licenses, permissions, insurances and any other requisites for the use of the Vessel and such licenses, permissions, insurances shall remain in force during the use of the Services and during the period of these Terms and Conditions are in force.
Any picture, photo, drawing, text, icon, logo, graphic, image which is uploaded in the Website by the Host in connection with the Vessels corresponds to the Vessel which will be reserved by the Visitors of the Website and any information in connection to the Vessel is true and correct.
It has substantial knowledge of and expertise in providing his services to the Visitors and maintains high quality of infrastructure while performing its services.
It has in place one or more insurance policies with a reputable insurance firm to cover any liabilities that may arise with the use of the Services or under this Agreement and such insurance policies shall remain in force during the use of the Services and during the period when this Agreement is in force.
It has not breached any law or regulation which breach has or might reasonably be expected to have a material adverse effect in the Website and the business of ISC.
No claims or investigations are being made or conducted against it or any subsidiary or affiliates that have or might reasonably be expected to have a material adverse effect.
It will use reasonable care and skill in performing his services.
The Host acknowledges and agrees that ISC shall be entitled to deduct and retain the Service Charge from such monies collected.
ISC reserve the right to require from you as a Host to provide proof of ownership or exclusive management of the Vessel and the Listings and that all necessary conditions, licenses permissions from competent authorities, insurances and any other necessary requisites.
As a Host you undertake to keep ISC and their employees, agents, representatives and affiliates, indemnified against all actions, claims, costs, expenses, including legal costs and legal expenses, suffered by the Service Providers due to any neglect or default of the Host or his agents, employees, licensees or customers in connection with the performance of the Hosts services and/or due to the breach of the above warranties.
Blegistrasse 11B Switzerland, 6340 Baar/ZG