TERMS OF USE

Last updated on: 25.05.2019.

These Terms of Use apply to your access to and use of this Web Site only.

This Web Site is intended for customers around the world to search and request bareboat and skippered yacht charter and other related services. The whole content of this Web Site, the domain name, and the Web Site itself is owned and managed exclusively by Aktivplan 3D d.o.o., Mlinovi 78, 10000 Zagreb, Croatia, owner of scan2sail brand, which is proven by the sign Copyright© 2020 scan2sail, All rights reserved in the Web Site footer. Copyright and Related Rights Act prohibit downloading, copying and/or reproducing website’s content.

By accessing or using this Web Site you confirm that you read, understood and agreeing to these Terms of Use.

Limitation of Liability

Even though Aktivplan 3D d.o.o. invests reasonable efforts to incorporate accurate and up-to-date information into the content of this Web Site, makes no representations or warranties - either explicit or implicit - as to the accuracy or integrity of such information. Aktivplan 3D d.o.o. is not responsible for the use of this Web Site or any other website associated with this Web Site. Aktivplan 3D d.o.o. reserves the right to modify the content of this Web Site at any time and without notice, but has no obligation to update.

All users of this Web Site agree to be bound by this Web Site on their own responsibility as well as any Web Site associated with this Site. Aktivplan 3D d.o.o. nor any third party participating in the creation, creation or maintenance of this Web Site or any web site accessed from this Web Site shall be liable in any way for any direct, indirect, consequential, consequential or any other damages that may arise due to the access, use or inability to use this Web Site or any web site accessible to this Web Site, including any errors or omissions in its content.

Information about future events

This Web Site may contain certain information about future events. Such information is always linked to the risk of various significant uncertainties, including the impact of scientific, business, economic and financial impacts, so actual results may differ significantly from the expectations or predictions contained in this information.

Links with other web sites

Aktivplan 3D d.o.o. has no control and is not responsible for the content of the information on third party websites or for the use of those sites, provided that access to these sites is enabled from this Web Site.

Aktivplan 3D d.o.o. is not responsible for nor gives any users of this Web Site any warranty as to the accuracy, credibility, timeliness and, in general, any other quality of information contained on third party websites.

It is solely the owner of the respective websites responsible for the content of such sites, and we encourage the users of this Web Site to be informed on these Terms of Use pages, including the privacy policies applicable to those sites.

Intellectual Property Rights

The entire content of this Web Site enjoys copyright protection as marked by © 2020 Aktivplan 3D d.o.o. Downloading and copying of the contents of this Web Site is permitted only to the extent and scope prescribed by the applicable Copyright and Related Rights Act. Aktivplan 3D d.o.o. does not allow any copying, citing, downloading and using of the content of this website for any purpose without prior written consent from our side.

Applicable law

For these Terms of Use, the applicable law is Croatian law.

Using of this Web Site is regulated by the applicable Croatian laws. Clients using this website and services offered on the Web Site, strictly agree to accept these Terms of Use and the fact that in case of any dispute that cannot be resolved in peaceful manner, the Court in Zagreb is exclusively authorized by jurisdiction to resolve the dispute.

Content

Information and content provided on this Web Site, until booked and confirmed by us, serve exclusively as indication and guidance. We pay utmost attention to provide as detailed and correct information as possible, but there are always possible mistakes. We reserve the right to alter, correct, update and change provided information on this website at any time for the purpose of providing correct information and improved customer experience. We are not liable for any consequences or damages resulting from such changes. 

Aktivplan 3D d.o.o.  fully disclaims any and all liability that is in any way connected with the use of the Web Site by users either by the use or misuse of the contents, and for any damage that may be caused to the user or to any third party in connection with the use or misuse of the content of the pages on this Web Site.

Aktivplan 3D d.o.o. strives to minimize technical errors when the Web Site is being used, but cannot guarantee that all of the functionality to be always available, nor be responsible for any unavailability of the Web Site.

Aktivplan 3D d.o.o. is not responsible for the content, nor for the availability of other websites that are referred to by links. It is allowed to put a link of the website www.scan2sail.com or its component parts on other websites.

What we do?

Aktivplan 3D d.o.o. under it’s own brand scan2sail acts as an agent for yacht charter companies and other clients (herein commonly referred to as final service providers), connecting interested parties with worldwide market for a purpose of concluding business transaction. Aktivplan 3D d.o.o. offers services of bareboat or skippered yacht charter, and other related services under individual contracts with final service providers as their authorized agent.

Every bareboat or skippered yacht charter or other related service is provided under local individual contract of the final service provider and is exclusively subject to the terms and conditions of such individual contract. To the extent of such contracts, general terms, conditions and principles contained herein apply when using Aktivplan 3D d.o.o. services, together forming a business relationship agreement between Aktivplan 3D d.o.o. and the customer. 

Booking, payment, cancellations and service takeover

The booking of services offered by Aktivplan 3D d.o.o. is initially followed by an offer that is sent out to the customer (either requested by the customer or suggested by us), containing all the details of the selected services and clearly defining the costs and fees for obligatory and extra services ordered and their payment schedule (herein commonly referred to as service price).

The booking of services offered by Aktivplan 3D d.o.o. is finally confirmed when deposit payment indicated on the offer is paid by the customer and the cleared funds are received ion Aktivplan 3D d.o.o. bank account (IBAN). All payments shall be done by bank transfer and executed net of bank fees. We reserve the right to recharge all bank fees not covered by the customer.

By conducting the deposit payment, the customer confirms to be fully familiar and compliant with these Terms of Use as well as local individual contract regulating such contracted services.

Aktivplan 3D d.o.o. issues pro-forma invoices for all deposit payments. After the service has been provided, we will issue final invoice including total cost for the service. In the deposit payments, all known costs at the time of booking are shown, specified and charged. Aktivplan 3D d.o.o. reserves the right to recharge additional costs that may arise in connection to service booking between the time of booking placement and service takeover. This right also applies for additional services accordingly requested by the customer.

All Aktivplan 3D d.o.o. services are offered exclusively on the pre-payment basis. Onetime payment constitutes essential part of the business relationship agreement between Aktivplan 3D d.o.o., its final service providers and customers. If for any reason payment of the complete service or any instalment thereof shall not be made on the due date indicated on the offer, business relationship agreement between the Aktivplan 3D d.o.o. and such customer will be immediately terminated without Aktivplan 3D d.o.o. having any responsibility towards the customer whatsoever. The customer may cancel any of the contracted services subject to cancellation policy of each individual contract.

VAT is included in all prices stated in all documents of financial cooperation (offer, pro-forma invoice and the final invoice). If there will be an increase of the VAT rate prior to service takeover, Aktivplan 3D d.o.o. reserves the right to charge the VAT difference to the customer.

The services offered by Aktivplan 3D d.o.o. can be taken over by the customer only once the pre-payment for the such services has been done in full and in timely manner. Once the takeover conditions have been met by the customer, Aktivplan 3D d.o.o. will provide the client with all necessary documentation needed for service takeover.

Yacht charter – skipper qualifications

If you are experienced, qualified and licensed sailor you are eligible for bareboat yacht charter should you desire so. If you do not have enough experience or lack acceptable licenses, you may wish to charter a skippered yacht. Yacht charter provider reserves the right to check skipper competences before check-in and accept or refuse proposed skipper on its own discretion. When bareboat yacht charter is contracted, responsibility for adequate and acceptable skipper relies with the customer. In the event of skippered yacht charter, responsibility for adequate and acceptable skipper relies with the yacht charter agency (final service provider).

Limit of liability

Aktivplan 3D d.o.o. as the agent for final service providers, shall make available contracted services to the customer, as defined and specified in each individual contract and the customer shall take such services from  Aktivplan 3D d.o.o. upon the terms and conditions set out in these Terms of Use and each individual contract with final service provider, forming part of the business relationship agreement between Aktivplan 3D d.o.o. and the customer.

Aktivplan 3D d.o.o. responsibility and liability is limited to its own performance, acts or omissions up to the extent of conclusion of each booking process. Aktivplan 3D d.o.o. is not liable for performance, quality of service, service delivery and acts or omissions of the third parties for whom Aktivplan 3D d.o.o. solely acts as an agent.

By accepting services from Aktivplan 3D d.o.o., you strictly and exclusively agree on the following liability terms:

  • Aktivplan 3D d.o.o. shall be under no liability to the customer in respect of any variation to or cancellation of any service or the non-availability of any service which results from the acts or omissions of the final service provider, or for any failure by the final service provider to perform any service, and the customer hereby acknowledges to Aktivplan 3D d.o.o. that in any such event the customer shall only have recourse against the final service provider.
  • Aktivplan 3D d.o.o. shall be under no liability to the customer for any failure by it or by the final service provider to perform their respective obligations under this Terms of Use and each individual contract, arising from force majeure, labor disputes, strikes or lock-outs or any other cause beyond the control of Aktivplan 3D d.o.o. or the final service provider.
  • The customer shall indemnify the final service provider and Aktivplan 3D d.o.o. against any claim arising out of any such variation, cancellation, non-availability or failure to perform service, provided always that if Aktivplan 3D d.o.o. shall receive any refund from the final service provider in respect of any such varied cancelled or unperformed service which have already been paid for by the customer, Aktivplan 3D d.o.o. shall (provided always that the customer shall have duly fulfilled its obligations under this Terms of Use and each individual contract), repay such refund to the customer.
  • The customer shall indemnify the final service provider and Aktivplan 3D d.o.o. against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the final service provider or by Aktivplan 3D d.o.o. and their respective officers, employee’s agents or subcontractors arising out of any act or omission of the customer or its officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.
  • The customer hereby acknowledges to Aktivplan 3D d.o.o. that it recognises that Aktivplan 3D d.o.o. acts only as the agent for the final service providers and that Aktivplan 3D d.o.o. is not in any way responsible for the acts, omissions or defaults of the final service provider or the failure of the final service provider to perform its obligations contemplated hereunder. The customer hereby agrees to indemnify Aktivplan 3D d.o.o. against any and all liabilities, claims, demands, suits, judgments, damages and losses, including reasonable expenses, costs and legal fees in connection therewith or incidental thereto arising directly or indirectly out of any failure by the final service provider to comply with its obligations contemplated hereunder.
  • The indemnities contained herein shall survive the termination of the business relationship agreement between Aktivplan 3D d.o.o. and the customer.

Default of the final service provider

In the event that:

  • any yacht or aircraft required for the performance of contracted service is detained (whether lawfully or not) by any third party (including but not limited to detention by any aviation or maritime or port and airport authority, or by way of lien or requisition for hire or otherwise); or
  • if the final service provider has an administrator, receiver, administrative receiver, trustee or other like person appointed over a part or all of its assets or business and as a result the final service provider is unable to perform the service at the same cost to the customer; or
  • if the final service provider becomes insolvent, enters into voluntary liquidation or is compulsorily wound up;

then Aktivplan 3D d.o.o. shall use its reasonable endeavors to find an alternative final service provider to perform such contracted service as may be affected by the occurrence of any of the above events, at the same cost to the customer.

In the event that Aktivplan 3D d.o.o. is unable so to do, it shall (provided that the customer has duly fulfilled its obligations hereunder) refund to the customer such part of the service price previously paid by the customer to Aktivplan 3D d.o.o. as relates to the affected service, provided always that Aktivplan 3D d.o.o. has not previously forwarded such amounts to the final service provider. 

In the event that Aktivplan 3D d.o.o. is able to arrange an alternative final service provider to perform the affected service, but only at an additional cost, Aktivplan 3D d.o.o. shall notify the customer forthwith and the customer shall have the option to take over the service provided by the alternative final service provider, provided that, if it so elects, it shall pay to Aktivplan 3D d.o.o. such additional costs upon demand.  If the customer does not so elect, Aktivplan 3D d.o.o. shall, (provided that the customer has duly fulfilled its obligations hereunder), refund to the customer such part of the service price previously paid by the customer to Aktivplan 3D d.o.o. as relates to the affected services (provided always that Aktivplan 3D d.o.o. has not previously forwarded such amounts to the final service provider) and Aktivplan 3D d.o.o. shall thereupon be under no further obligation to the customer in relation to the affected services.