Your use of Instayacht’s services (“Services”) is subject to the terms of this Terms of Use Agreement (“Agreement”). Instayacht means “Genatolia Ltd” (herein referred to as “Instayacht”, “us”, “we” and “our”).

If you are using the Services on behalf of a corporation or other legal entity, “you” means the entity, and the user is warranting that he or she has the rights to bind the entity.

By using the Services, you are agreeing to and are subject to the following terms and conditions, as well as our Privacy Policy, herein incorporated by reference (“Terms”).

If you do not agree to all of the Terms you are not authorised to use Instayacht’s Services.
You accept the Terms by:

(i) clicking to accept or agree to the Terms, where this option is made available to you by Instayacht in the user interface for any Service;

or,

(ii) by actually using the Services.

In the case of (ii), you understand and agree that Instayacht treats your use of the Services as acceptance of the Terms from that point onward.
Instayacht reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check regularly the Terms for changes.

Your use of the Services after such modified Terms are posted will mean that you accept such Terms.


INSTAYACHT IS AN ONLINE PLATFORM OF RENTERS AND BOAT OWNERS AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE. NEVERTHELESS, INSTAYACHT MAY AT ITS DISCRETION SET MINIMUM STANDARDS REGARDING THE CONTRACTING PARTIES OF A CHARTER AGREEMENT AND THE QUALITY OF THE SERVICES PROVIDED BY BOAT OWNERS.


Instayacht acts as a platform for users of our Services as renters and boat owners to view and post available boats and to facilitate the rental of such boats. Instayacht is not a party to any actual agreement or transaction between renters and boat owners even though we may from time to time provide tools that relate to a booking.

However, Instayacht may set minimum standards regarding the contracting parties’ qualifications for a chartering agreement and the fulfilment of any legal condition and requirement. In particular, Instayacht proceeds to a typical inspection and screening of the boats listed on our website.


In no way, by setting such minimum standards, which may be modified at any time, Instayacht accepts or undertakes any liability in connection with the chartering agreement and the contracting parties.
You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any user generated content.

We are also not responsible for the condition of any boats listed on Instayacht or the compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction.

Renters should satisfy themselves that any boat rented complies with any legal requirements for such rental, and renters and boat owners have exclusive responsibility for such compliance.


Separate Agreements.

Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the renter and the boat owner, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of any renter and/or boat owner.


Release and Indemnity.

In the event of a dispute between a renter and a boat owner arising from such separate agreements or transactions, you hereby release and hold Instayacht and its directors, officers, agents and employees harmless from any claims, costs, demands and damages (actual and consequential) of every kind and nature including without limitation reasonable attorneys’ fees, known and unknown, arising out of or in any way connected with such disputes.


Insurance.

Instayacht is not involved to any contract for the insurance of the boat listed on our website. According to law, boat owners are exclusively responsible for the insurance of their boats.


What we provide – Special services offered.

Instayacht provides an appropriate and safe environment in which renters and boat owners get the chance to quickly and easily engage with each other, exchange renting offers and make chartering agreements. Instayacht will always be there for its users to provide them high quality online services and try to meet even the highest of their boat journey expectations. What is more, Instayacht proud itself for its cutting-edge services in the field of boat chartering.

Among other services Instayacht offers:


Instantly Booking Service (IBS).

Through the IBS boat owners may set a daily rental price, which does not include boat fuel expenses. Such expenses are paid by renters at the end of a boat trip. The IBS is applicable only for boat owners who have opted for an “instantly available status”, which indicates that boat owners have accepted in advance (a) any rental request addressed to them and (b) their obligation to get during week-days (Monday to Friday) within 120 minutes and during the week-end (Saturday and Sunday) within 180 minutes from the rental request to a renter’s pick-up point.


Special Booking Request (SBR).

Through a SBR renters may complete an online application form making a special request for a chartering agreement. In this application form, renters may set any desirable detail regarding their boat trips (i.e. pick-up and destination point, trip duration, number of passengers). Then the SBR is forwarded via push-notification to all boat owners, who in turn make booking offers relevant to the SBR. Renters may opt for the offer they wish. Once a renter chooses an active offer, the boat owner has accepted the said SBR and its chartering terms.


Using our Services


Conditions of Use.

As a condition of your use of Services, you expressly represent and warrant that (i) if you will be operating a boat, you are responsible for ensuring that you are legally authorised to operate a boat in the state in which you are renting; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use Instayacht in accordance with the Terms; (iv) you will only use Instayacht to post or view, as applicable, available boat rentals or transact legitimate boat rentals for you or for another person for whom you are legally authorised to act with other users; (v) you will inform such other persons about the terms and conditions that apply to the boat rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) if you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the boat; (vii) all information supplied by you to Instayacht is true, accurate, current and complete, and (viii) if you have an Instayacht account, you will safeguard your account information.

You may not authorise others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity.
If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. Instayacht retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.


Boat registration.

Boat owners who wish to register their boats on Instayacht may fulfil the following terms and conditions:
Boat owners may have issued on their own expenses and always have in their possession any necessary document proving that they are lawfully owners of the boat included in Instayacht’s listings under their name and that the boat is safe for travelling. Generally, boat owners may fulfil any legal provision in force respecting boat travelling and yachting.
Registration fees are 0 €. Registration process may include photo-shooting and technical inspection of the boat, which is about to be registered.
Boat owners by using our Services accept their obligation to state on a regular basis their boat rental availability.
Boat owners may hire their own professional boat crew, which is at least consisted of a skipper and for which Instayacht is not liable.
Boat owners may upon registration pay “Guarantee Fees” equal to the average price of a daily chartering agreement. These fees function as a security deposit and are refunded to boat owners upon termination of registration in our platform.


Service Charge.

By using our Website/App, you authorise us to act as your representative in the process of the rental of the selected boat and make the payment on your behalf, as required. For the above service, we will charge you a service fee of 15% of the total rental, which will appear on the page, before confirming your rental. Banking fees (i.e. Bank transfer costs) will be charged directly to the boat owners per week.


Fuel expenses.

Renters accept the obligation to cover the expenses of fuel consumed for the purposes of their boat trip. Such expenses may be paid by renters as defined in the above Payment Methods section. In case a renter denies covering fuel expenses, Instayacht with the boat owner’s consent may charge the renter with the aforementioned expenses via Braintree or PayPal based on the payment details granted by him/her.
In case the boats are flagged as “fuels included”, the fuel expenses are covered by the boat owners and the above do not apply.


Payments to boat owners.

Payments to boat owners for accepted bookings will be made 7 days from the date of the completed booking request. If a boat owner does not respond to a booking inquiry, we reserve the right to transfer the booking and associated payment to another boat owner.
ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND BOAT OWNERS OTHER THAN PAYMENT THROUGH INSTAYACHT IS A VIOLATION OF THESE TERMS.


Payment methods.

All payments are conducted in the application through:
1. BRAINTREE a PayPal Company (www.braintreepayments.com) or
2. PayPal (www.paypal.com)
Payment details should only be provided by the contracting parties to the aforementioned websites, for the use of which Instayacht bears no liability. The use of such sites and resources will not be governed by these Terms.
Guarantee Fees may be deposited in Instayacht’s bank account. Boat owners may e-mail the relevant bank account deposit document on boats@instayacht.com . In order, payments of any fees to be conducted renters and boat owners may provide appropriate payment and transactional information (i.e. credit/debit card details), which are going to be treated according to Instayacht’s Privacy Policy.


Taxes.

The rental/booking fee and any additional expenses may be subject to applicable local taxes. The boat owner accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes.


Cancellation Policy – contracting parties’ fault.

Boat owners may not cancel a chartering agreement after entering into it. In the event a chartering agreement is cancelled or not conducted by boat owner’s fault, penalty fees equal to the price of the chartering agreement plus transaction fees shall be deducted from the aforementioned Guarantee Fees.
A renter may cancel an agreed boat rental:
If a renter cancels an IBS booking for which he/she has already paid the booking price up till 20 minutes after the transaction, he/she will be entitled to a partial refund equal to 70% of the total price.
If a renter cancels an IBS booking for which he/she has already paid the booking price beyond 20 minutes after the transaction, he/she is not entitled to a refund.
If a renter cancels an SBR booking for which he/she has already paid the booking price up till 15 calendar days after the transaction, he/she will be entitled to a refund. Nevertheless, normal cancellation fees may be deducted from the refundable amount. Such cancellation fees may be equal to 5% of the total price of the booking plus 3% special cancellation-transaction fee based on the normal cancellation fees. Such fees are charged in favour of Instayacht.
If a renter cancels and SBR booking for which he/she has already paid the booking price beyond 15 calendar days after the transaction, he/she will not be entitled to a refund.


Cancellation Policy – Force majeure.

In case of force majeure (i.e. rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, adverse weather condition, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the boat under legal process, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority), or any other cause which is beyond the control of Instayacht and the contracting parties, the renter is not entitled to a refund. However, renters have the option to pay for an extra “insurance fee” of 20% of the total price of the booking in order to be entitled to a refund of the booking price.


Use of Website/App.

The content and information on Instayacht’s Website/App (“Website/App”), as well as the infrastructure used to provide such content and information, is proprietary to Instayacht, its licensors, suppliers and providers. While you may make limited copies of your booking documents (and related documents) for boat rentals booked through our Website/App, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through our Website/App.


Managing your Instayacht Account.

You agree to (i) keep your password and online ID for your Instayacht account secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your password for either your Instayacht account or your email account may have become known to an unauthorised person, and (iii) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your Instayacht account.
However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your Instayacht account, even those transactions that are fraudulent or that you did not intend or want performed.


Exclusion of Warranties.

You expressly understand and agree that the services are provided “AS IS” and “AS AVAILABLE” and without warranty of any kind and Instayacht, its officers, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers expressly disclaim all warranties, express or implied, including but not limited to, the implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. Neither Instayacht nor its officers, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers warrant that the operation of the service will be uninterrupted, error free or without breaches of security.
Instayacht, its officers, directors, employees, agents, subsidiaries, affiliates, and its licensors do not represent or warrant to you that:
The information provided by users is true or correct,
Boat rentals will be available at advertised dates, times, locations, and/or prices, including pursuant to a confirmed or purchased reservation,
Your use of the services will meet your requirements or expectations,
Your use of the services will be uninterrupted, timely, secure or free from error,
Any information obtained by you as a result of your use of the services will be accurate or reliable, or
Those defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so in these jurisdictions the above limitations or exclusions may not apply.
Limitation of Liability. In no event will Instayacht, its officers, directors, employees, agents, subsidiaries or affiliates be liable to you or any party for:
Any direct, indirect, incidental, consequential, special, exemplary, or punitive, damages arising out of the use, availability or unavailability of the services (including but not limited to the unavailability or change in advertised and/or purchased boat rentals) or any other services or goods obtained through use of any of the foregoing, or any data transmitted through the service, even if Instayacht has been advised of the possibility of such damages; and
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
Any changes which Instayacht may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
Your failure to provide Instayacht with accurate account information;
Your failure to keep your password or account details secure and confidential.
Any bodily injury or death that may occur as the result of a boating related accident, the reservation for which was facilitated using Instayacht’s services. You agree that Instayacht is not a party to any contract or agreement for boat rentals and is in no way responsible for injuries to persons or damage to property which may occur during or related to a boat rental whether as a result of the negligence of any renter, boat operator, or boat owner, or the safety of any boat or for any other reason.


Indemnification.

You agree to defend and indemnify Instayacht, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought as a result of:
your breach of the Terms;
your violation of any law or the rights of a third party; or
your use of this Website/App and the Services.

Proprietary Materials.

The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Instayacht is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Instayacht’s prior consent, except you may make limited copies of your booking documents (and related documents) for boat rentals booked through our Website/App.
Links to Third-Party Websites. The Services may contain links to other websites operated by parties other than Instayacht (“Third-Party Websites”). Instayacht’s links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.


Other Terms


General Compliance with Laws.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Assignment. This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of Instayacht. Instayacht may assign this Agreement, the Terms, and any information you provide without your consent.


Governing Law.

The terms of this Agreement shall be construed in accordance with the Greek laws. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English.


Choice of Forum.

You hereby consent to the exclusive jurisdiction of courts in Athens, Greece, in all disputes arising out of the Terms or relating to the use of the Service.
No Responsibility for Acts of God. Instayacht shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the boat under legal process, adverse weather conditions, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of Instayacht.


Severability.

If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.

Waiver.

No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
Entire Agreement. The Terms constitute the entire agreement between you and Instayacht with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.


Termination.

Instayacht may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate user’s use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of Instayacht. If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have.
This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Latest version: April 2017