Contracting Parties
JP Services Ltd. Rimska cesta 5, 1000 Ljubljana, tax number .... is an agency providing a service of intermediation in the rental of a vessel (sailing boat, catamaran, motor boat) (hereinafter referred to as "the Vessel") or providing a service of organisation of events on the Vessel. "Customer" means any legal entity or natural person who identifies itself in the booking form, in the offer request form (name and surname, country, home address, e-mail, mobile phone number) or confirms the booking by sending its data by e-mail or telephone. The Customer accepts these General Terms and Conditions of Service ("General Terms and Conditions") as a whole. The Buyer confirms that he/she is over 18 years of age and that all information provided is correct. The Buyer represents and warrants that he/she is legally authorised to sign the booking form on his/her own behalf and on behalf of any other user whom he/she legally represents. The Buyer agrees that he/she has read, understood and agreed to the General Terms and Conditions.
"Vessel Provider" means the charter company, marina, physical owners of vessels, travel agent who owns or is authorised to operate the vessel, skipper insurance, insurance and other related products or services offered by JP Services Ltd. on its website.
Subject matter of the contract
JP Services Ltd. offers a website where different boat providers can advertise their boats for hire and through which the buyer can book a boat. The Buyer expressly acknowledges that by reserving a Vessel, it enters into a direct contractual relationship with the Vessel Provider and that JP Services Ltd. is acting solely as an intermediary for the purpose of facilitating such direct contractual relationship. JP Services Ltd shall send the details of the booking to the relevant Vessel Provider and shall send the confirmation email and other documents to the Buyer on behalf of the Vessel Provider. The subject matter of this Contract is the hiring of the vessel described in the Contract and on the Company's website for the period of time specified in the Contract or participation in an event organised by JP Services Ltd. The subject matter of the Contract also includes any other related services or products offered by JP Services Ltd.
The information we display or send by e-mail is based on the information provided to us by the boat providers. Vessel providers have access to an online system through which they are fully responsible for updating the charter price, availability and other information displayed on our website. JP Services Ltd cannot guarantee that all information is accurate, complete or correct, nor can we be held liable for any errors (including typographical errors), any interruptions due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the website or any other reason), inaccurate, misleading or untrue information or for non-disclosure of information. Each Vessel Provider shall remain responsible at all times for the accuracy, completeness and correctness of the information (including the price of rental and availability) shown on our website.
Payment for the service
The Charterer agrees to pay for the hire of the Vessel and other services in accordance with the agreed terms, conditions and prices and within the time limits specified in the offer or contract. JP Services Ltd. will accept the Customer's payment on behalf of the Vessel Provider and forward it to the Vessel Provider or other service provider (e.g. insurance, etc.).
JP Services Ltd will send the Buyer a confirmation of the contracted services as soon as payment for these services has been made in accordance with the agreed terms. The confirmation voucher will be sent to the e-mail address indicated for this purpose by the customer after payment has been received and after the required documents have been provided.
Use of the services
The Customer agrees to use the Vessel exclusively for non-commercial purposes and only for the purposes stated in the Contract and to treat the Vessel with care and diligence. The Buyer undertakes not to use the Vessel for illegal purposes or for activities which may cause damage to the Vessel or to third parties. The Buyer undertakes to use all services in a proper manner and in accordance with applicable laws and regulations and these General Conditions. The Buyer accepts any and all liability that may arise from the improper use of the contracted services. The Buyer confirms that he/she has all the necessary authorisations to operate the vessel he/she is booking or will ensure that a person with all the necessary authorisations is present on board the vessel.
Liability for damages
The Buyer shall be liable for any damage caused to the Vessel during the charter, including damage, loss or theft. The Buyer undertakes to return the Vessel in the same condition as when it was taken over at the start of the rental, except for normal wear and tear arising from normal use.
Prices
All prices on the Website are inclusive of VAT and all other taxes (subject to change) unless otherwise stated on the Website, the Contract or in the confirmation e-mail. Rental prices from suppliers are subject to change. The applicable rental price is the one indicated in the contract or confirmation e-mail you will receive after successful booking.
Payment
Vessel providers require payment of the rental price (in full or in part) to secure the reservation. The method and terms of payment are set out on our website, contract or confirmation e-mail. It is the buyer's responsibility to carefully review the payment details (payment terms, payment deadlines and payment amounts) prior to the rental. In the event that the buyer has not made payment in accordance with the terms, amounts or time limits stated on the website, contract or confirmation e-mail, the booking of the vessel may be cancelled (without prior notice). Late payment, incorrect bank, debit or credit card details, invalid credit/debit cards or insufficient funds are the responsibility of the buyer. The Buyer shall not be entitled to a refund of any amount already paid unless otherwise agreed with the Vessel Provider.
Cancellation of lease
The buyer may cancel the reservation of the boat by written notice to the charterer under the conditions set out on the website, in the contract or in the confirmation e-mail. Some bookings are not eligible for cancellation or amendment. It is the Buyer's responsibility to check the details of the charter including cancellation policy and terms of payment of the charter before booking.
It is the buyer's responsibility to inform the boat provider if the check-in date (start of the charter) will be later than stated on the website, in the contract or in the confirmation email. If the charterer fails to do so, the charterer has the right to cancel the charter or charge a no-show fee. JP Services accepts no responsibility for the consequences of late arrival or cancellation or no-show charges levied by the Vessel Provider.
Communication and accuracy of information
The booking and execution of the charter of the Vessel requires communication between the Customer and JP Services Ltd. For this purpose, you must use the correct email address and telephone number at the time of booking. We accept no responsibility for (and are not obliged to confirm) incorrect or misspelled e-mail addresses or inaccurate or incorrect (mobile) telephone numbers or credit card numbers.
Disclaimer
Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, JP Services Ltd shall only be liable for direct damages actually suffered by the Customer arising from our failure to fulfil our obligations in relation to our services, up to a maximum of the total cost of the Customer's booking as set out in the contract or confirmation email.
Neither JP Services Ltd nor any of its directors, employees, agents or others involved in the operation of the website and its content shall be liable for:
- any direct, indirect, consequential or punitive loss or damage, any loss of business, loss of profit, loss of revenue, loss of contract, loss or damage to goodwill or reputation
- any inaccuracies in relation to the (descriptive) information (including rental price, availability) of an offer published on our website,
- services or products offered by boat providers or other business partners and boat providers
- any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by the Buyer in accordance with or in connection with the use, inability to use or delay by you
- any damages, death, property damage or other (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether arising from (legal) acts, errors, breaches (gross) negligence, wilful misconduct, omissions, default, misrepresentation, tort or strict liability attributable (whether in whole or in part) to the Vessel Provider or our other business partners (including their employees, directors, officers, employees, employees, directors, employees, agents or employees of the Vessel Provider), or any of our other business partners (whether in their capacity as such or in any way related to the Vessel Provider or our business partners) whose products or services are (directly or indirectly) made available, offered or promoted on or through the Website, including by reason of cancellation, double booking, strike, force majeure or other event beyond our control.
Changes to the Rental Terms
JP Services Ltd reserves the right to change these Rental Terms at any time. Changes to the Rental Terms and Conditions will be posted on the company's website.
Applicable law and jurisdiction
These agreements are governed by the laws of the Republic of Slovenia. For any disputed issues arising out of this contract, the parties undertake to try to reach an amicable settlement of the dispute.