Terms and Conditions for SimpleSail

Last updated: [DATE]

1. About SimpleSail

SimpleSail is operated by [LEGAL NAME], [ADDRESS], [REGISTRATION NUMBER], hereinafter "SimpleSail", "we" or "us".

You can reach us at [EMAIL] and [PHONE].

By using our website and our services, you confirm that you are at least 18 years old and have the legal authority to enter into binding agreements.

2. What we do – and what we don't

SimpleSail is a personal advisory service that helps you find the right boat, the right area and the right week for your sailing holiday.

We recommend boat operators and charter companies that we have experience with or have evaluated personally. We facilitate the contact and the booking, and we collect payment for the boat rental on behalf of the boat operator.

We are not a charter company. We do not own the boats. We do not operate the sailing trips. The agreement about the boat itself – including the sailing, the skipper, the insurance and the boat's condition – is made between you and the boat operator. SimpleSail is not a party to that agreement.

To complete bookings, we use Booking Manager, an international distribution system that connects us with charter fleets in Greece and around the world. Booking Manager is the technical booking system but is not a party to your agreement with the boat operator.

3. How we earn

We receive commission from the boat operator when a booking is completed.

What you should know:

• The commission is paid by the boat operator – not by you.
• Our commission is fixed and does not depend on which boat we recommend.
• We have no financial reason to push you towards any particular boat.

4. Our recommendations

Our recommendations are based on the information we receive from boat operators, as well as our own experience and judgement.

We do our best. But we cannot guarantee that all information about a boat, an area or an operator is complete, up to date or free of errors. Prices, availability, equipment and terms are set by the boat operator and may change.

The boat operator is responsible for the information that applies to your specific booking. We always recommend that you read the boat operator's contract and terms carefully before confirming your booking.

5. The booking process

1. You tell us about your group, your wishes and your constraints – usually via our website and a follow-up video call or email exchange.
2. We recommend a few boats and areas that fit.
3. Once you have chosen, we reserve the boat through the Booking Manager system and prepare the final booking.
4. You receive from us a confirmation, an invoice and the boat operator's charter contract with the terms that apply to the sailing itself.
5. You sign the charter contract with the boat operator, normally before departure or upon taking over the boat.

6. Prices and payment

6.1 Prices

All prices in our recommendations are based on the boat operator's information at that point in time. The final price, and what it covers (e.g. skipper, end-of-trip cleaning, harbour fees, deposit), is shown in the offer and in the boat operator's contract.

Obvious errors and misprints are not binding.

6.2 Payment

You pay the boat rental to SimpleSail. We collect the amount on behalf of the boat operator and forward it to them as agreed, with our commission deducted.

Payment is normally made in two instalments, unless agreed otherwise:

• A deposit when the booking is confirmed
• The remaining balance no later than [NUMBER] weeks before departure

The specific payment deadlines, amounts and methods are stated in your booking confirmation.

6.3 Late or missing payment

If the deposit or the balance is not paid on time, the booking may be cancelled by the boat operator in accordance with their terms. Any amounts already paid are then refunded according to the boat operator's cancellation terms – not automatically.

6.4 Receipt and invoicing

You will receive a confirmation and a receipt from us. The final charter contract is issued by the boat operator.

7. Cancellation and changes

7.1 If you cancel or change

Each boat operator has their own cancellation terms, which are set out in the charter contract you receive when your booking is confirmed. These terms are binding on you.

Any refund is processed according to the boat operator's cancellation terms. SimpleSail cannot refund more than what we receive back from the boat operator. Our commission is not refunded in the event of customer cancellation, unless otherwise agreed.

Please note that refunds through the charter chain may take time. We forward the refund as soon as we receive it from the boat operator.

We strongly recommend that you:

• Read the boat operator's cancellation terms carefully before booking
• Take out travel insurance with relevant coverage, including cancellation insurance

7.2 If the boat operator cancels

If the boat operator cancels or cannot make the boat available, we will help you find an alternative or obtain a refund of the amount paid from the boat operator.

7.3 Force majeure

Neither we nor the boat operator are responsible for circumstances beyond our control, including weather, strikes, government decisions or other force majeure events.

8. Insurance

You are responsible for having relevant travel insurance, including cancellation insurance and personal accident coverage. The boat operator's insurance usually covers the boat itself, but not you as a passenger or crew member.

We always recommend sailing with a skipper. If you choose a boat without a skipper, it is your responsibility to ensure that the person in charge on board has the necessary certificates and experience, and that relevant liability insurance is in place.

9. Additional services

On request, we can help with things such as hotel recommendations, transport, provisioning or a joint video call with your group before departure.

These services are a form of help and facilitation. The agreement about the hotel, transport or provisioning is one you make directly with the relevant provider. SimpleSail is not a party to and not responsible for these services, unless agreed otherwise in writing.

We do not put together package holidays. Each part of your trip is a separate agreement with the individual provider.

10. Your responsibilities as the renter

When you sail with a chartered boat, you have obligations towards the boat operator. Among other things, you must:

• Comply with the boat operator's contract and instructions
• Ensure that the person named as the lead renter has the necessary authority
• Arrange relevant insurance – including travel insurance and, if necessary, skipper liability insurance
• Make sure everyone on board complies with local rules on sailing, environment and safety

11. Limitation of liability

SimpleSail is an advisor and intermediary. We do not operate the sailing and we do not run the boats.

To the extent permitted by law:

• We are not responsible for circumstances caused by the boat operator, the skipper, the marina, the weather or other matters outside our control.
• We are not responsible for loss, damage, personal injury or delay arising during or in connection with the sailing itself.
• We are not responsible for defects in the boat or for the boat operator's performance of their obligations.
• We are not responsible for errors, interruptions or unavailability of our website or of third-party systems such as Booking Manager.
• Our liability towards you, if any, is limited to the commission we have received for the specific booking.

Nothing in these terms limits your rights as a consumer to the extent that mandatory consumer protection rules in your home country give you stronger protection.

12. Complaints

If something goes wrong during your sailing holiday, you should as far as possible notify the boat operator and us while you are still on site. The sooner we hear about it, the better we can help.

Complaints can be sent to [EMAIL]. We handle your complaint as quickly as possible and within [NUMBER] days at the latest.

If we cannot find a resolution, you as a consumer can contact:

• The European Consumer Centre (ECC-Net), if you are resident in the EU
• The relevant Greek consumer authority [TO BE SPECIFIED BY LAWYER]
• The EU's online dispute resolution platform: https://ec.europa.eu/consumers/odr

13. Personal data

We process your personal data in accordance with our privacy policy. We only share with the boat operator and with Booking Manager the information that is necessary to complete your booking.

14. Intellectual property

The content, text, images and design on the SimpleSail website belong to SimpleSail or our partners. You may not copy, reproduce or use the content commercially without our written permission.

15. The boat operator's own terms

With every booking, you receive a charter contract from the specific boat operator. That contract contains the terms that apply to the sailing itself – including rules for taking over and returning the boat, deposit, insurance, liability, cancellation and conduct on board.

The boat operator's terms are part of your agreement and apply in addition to these SimpleSail terms. You should read them carefully before confirming your booking. If anything is unclear, we will gladly help explain it.

If there is a conflict between the boat operator's terms and these SimpleSail terms, the boat operator's terms apply to matters concerning the sailing and the boat. The SimpleSail terms apply to the relationship between you and SimpleSail.

16. Changes to these terms

We may update these terms from time to time. The version that applies to your booking is the one that was in force when you confirmed your booking.

17. Governing law and jurisdiction

These terms are governed by Greek law. Any disputes will first be sought resolved amicably. If that is not possible, disputes will be settled before the competent courts in [CITY – TYPICALLY ATHENS], unless mandatory consumer protection rules in your home country give you the right to bring proceedings before the courts in your home country.