Terms of Service for Soreto Yachting
General Terms of Brokerage Services
I. General Provisions
These General Terms form an integral part of any Brokerage contract that a Customer enters into with SY d.o.o. as well as of any other contract that the Customer enters into with third parties, provided that SY d.o.o. co-signs such a contract in its capacity as a broker.
If an individual contract or individual general terms agreed upon by the Customer, SY d.o.o., and the Vessel Provider contain provisions that conflict with these General Terms, the provisions of such contract or such individual general terms shall apply.
“SY d.o.o.” means the company SY d.o.o., Brnčičeva ulica 13, 1231 Ljubljana, Slovenia, VAT ID: SI79468756, website: www.soretoyachting.com.
SY d.o.o. provides brokerage services for the rental of vessels (sailboats, yachts, catamarans, and other vessels) with crews, acting as an intermediary between Customers and Vessel Providers.
“Customer” means any legal person, self-employed person, or natural person who identifies themselves in the booking form, in the offer form (name and surname, country, home address, e-mail address, mobile phone number), or confirms the reservation by providing their details via e-mail or telephone. The Customer accepts these General Terms as a whole. A Customer who is a natural person confirms that they are over 18 years old and that all information provided is correct. The Customer declares and guarantees that they are legally authorized to sign the reservation form in their own name and on behalf of any other person they legally represent. By doing so, the Customer agrees to have read, understood, and accepted these General Terms.
“Vessel Provider” means a charter company, a marina, a physical owner of a vessel, or a travel agent who owns or is authorized to operate a Vessel (e.g., a sailboat, catamaran, yacht, motorboat) and perform related nautical services or products that are occasionally available for booking.
II. Brokerage Services
As the Broker, SY d.o.o. facilitates the conclusion of contracts for renting vessels between Customers and Vessel Providers.
By booking a vessel, the Customer enters into a direct contractual relationship with the Vessel Provider, with the understanding that SY d.o.o. acts solely in the capacity of a Broker to facilitate such a direct contractual relationship.
Upon confirmation of the reservation, the Customer concludes a Cruise Contract with the Vessel Provider, where SY d.o.o. also acts as a broker and may co-sign such a contract. Pursuant to the Customer’s instructions, SY d.o.o. will provide the Vessel Provider with all relevant information about the Customer’s preferences and requirements for the journey. For clarity, SY d.o.o. does not rent any vessels and does not provide any other direct services to the Customer.
In carrying out these activities, SY d.o.o. does not act as a travel agency and does not offer travel services, particularly not travel packages.
The information displayed on the SY d.o.o. website or communicated to Customers is based on details provided by Vessel Providers. SY d.o.o. cooperates with Vessel Providers it trusts and, to the best of its ability, verifies the accuracy of the information provided. While SY d.o.o. relies on credible sources in the provision of its services, it cannot guarantee that all information is accurate, complete, or correct and cannot be held liable for errors (including typographical errors), interruptions due to malfunctions, repairs, upgrades, or maintenance of the website (or other reasons), inaccurate, misleading, or untrue information, or omissions.
Each Vessel Provider remains fully responsible for the accuracy, completeness, and correctness of the information (including rental prices and availability) displayed on the SY d.o.o. website.
III. Mutual Rights and Obligations of the Contracting Parties
The mutual rights and obligations of SY d.o.o. as the Broker, an individual Vessel Provider, and the Customer are further detailed in the individual Cruise Contract and the general terms and conditions of the respective Vessel Provider.
The Customer undertakes to always provide accurate and complete information required by SY d.o.o. to facilitate communication between the Customer and the Vessel Provider. The Customer also agrees to promptly notify SY d.o.o. of any changes to this information.
The Customer authorizes SY d.o.o. to verify the accuracy of personal and other provided information and undertakes to cooperate fully with SY d.o.o. during such verification processes.
IV. Use and Protection of Personal Data
SY d.o.o. collects, processes, and protects all personal data in accordance with the Personal Data Protection Act and the EU Regulation GDPR.
SY d.o.o. collects the following personal information from its Customers: name, surname, address, contact information (e-mail address, telephone number), method of payment, and other relevant details related to the specific vessel reservation (e.g., time of arrival at the marina). Additionally, SY d.o.o. may request further personal information such as gender, citizenship, ID or passport number, date of birth, place of birth, and payment details. The Customer is responsible for informing all other persons traveling with them or any third parties for whom they may organize the trip about this data collection.
SY d.o.o. shares personal data with the Vessel Provider selected by the Customer to facilitate the booking process.
Furthermore, SY d.o.o. may collect data from the electronic devices used by Customers to access its online platform. This information may include the IP address, browser type, device details, and language settings.
V. Limitation of Liability
SY d.o.o. is liable only for direct damages actually incurred by the Customer as a result of non-compliance with SY d.o.o.’s obligations or a breach of SY d.o.o.’s duties in connection with the brokerage services provided between the Customer and the Vessel Provider. SY d.o.o. is not liable for any damages arising from the relationship between the Customer and the Vessel Provider.
While SY d.o.o. does not act as a travel agency and is not aware of the Vessel Provider offering services that could be interpreted as travel packages, SY d.o.o. grants the Customer the right to withdraw from the Brokerage Contract within 14 days of its conclusion.
VI. Complaints and Dispute Resolution
The contractual relationship between the Customer and SY d.o.o. and any potential disputes arising from this relationship are governed by the laws of the Republic of Slovenia, without regard to conflict of law rules that may determine the application of any other law.
In the event of any dispute between the Customer and SY d.o.o., the Customer explicitly agrees that the matter shall be referred to the competent court in Ljubljana.
If any provision of these General Terms is or becomes invalid, unenforceable, or non-binding, the Customer and SY d.o.o. shall remain bound by all other provisions of these General Terms.
VII. Final Provisions
These General Terms are valid from October 1, 2024, the date of their publication on the website soretoyachting.com, and apply to all contracts concluded from that date onward. SY d.o.o. reserves the right to amend these General Terms at any time without prior notice. Any changes will take effect from the date of publication on the website.
In the event of invalidity of any provision of these General Terms, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
These General Terms are governed by the laws of the Republic of Slovenia.