The following terms and conditions form the contractual basis with SC Sail Armada S.R.L.

This document informs users of the conditions of use of the https://sailarmada.com and https://capetan.club websites.

We recommend that you read the document carefully before using these sites and initiating interactions for the purpose of making bookings. By using any of these sites for the purpose of a booking, you are implicitly expressing your agreement with the provisions of this document and the framework of an agreement is created between the consumer and SC Sail Armada S.R.L. If you do not agree with any of the provisions of this document, we suggest that you do not use these sites.

Identification data

SC Sail Armada S.R.L. is a commercial company registered as a travel agency with licence no. 2418, insurance policy I 58063

Address: 119, Calea Vitan, sector 3, Bucharest

CUI RO43792745  

Reg. Com. J40/3275/2021

Registered trade mark

Sail Armada®, Capetan®, the Capetan practice modules, the logos and corresponding graphics contained on the Websites are registered trademarks of Sail Armada S.R.L.

Name and logo Sail Armada under ID 1421126 EUIPO

Capetan name and logo, including practice modules, under ID 018893583 EUIPO

Copyright

The ownership rights and content of the Sites belong to Sail Armada. The materials contained on the Sites are the property of Sail Armada, unless otherwise specifically stated.

Contact date

Complaints, complaints or information may be sent either to the registered office, with acknowledgement of receipt, or by electronic means, to one of the following addresses: [email protected] or [email protected]

CHANGES TO TERMS AND CONDITIONS

Sail Armada reserves the right to modify or update the Terms and Conditions relating to the use of its Sites at any time without prior notice. The current version of the Terms and Conditions will be posted on the Sites.

DEFINITIONS

Unless expressly provided otherwise, the following capitalised terms shall have the meanings set out below:

Agency - Sail Armada, when acting as an agent between the Consumer/Customer and the Charter Companies.

Consumer/Customer - any natural or legal person using the Sites and initiating bookings through them.

Capetan - division of Sail Armada; generic name for activities run through the capetan.club website

Charter Firm - companies offering for hire pleasure craft and in relation to which Sail Armada acts as Agent.

Sail Armada - the trading company Sail Armada S.R.L. which owns the websites capetan.club and sailarmada.com. Generic name for the activities carried out through the website sailarmada.com

Services / Products and Services - collective name for what Sail Armada Websites offers for booking

Websites - collective name in this document for capetan.club and sailarmada.com

USE OF WEBSITES

Sail Armada cannot be held responsible for the ability of users to access or use the Websites, nor for failures caused by the lack of such ability.

Sail Armada cannot guarantee that the Sites may not be affected by viruses or may not be the target of malicious actions from external sources, which could cause various malfunctions.

SERVICES AND PRODUCTS OFFERED THROUGH THE SAIL ARMADA S.R.L. WEBSITES.

The sailarmada.com website is a platform for the consumer to search and check availability for a range of tourism services and make bookings for them. These include, but are not limited to: boat hire, booking places for participation in events such as sailing holiday.

All bookings through this website are subject to the provisions of this Terms and Conditions document, and the provisions of the documents detailing the booking conditions for each category of service, as follows:

• General Terms and Conditions of Booking place in events type sailing holiday.

With regard to the services offered through the Website sailarmada.com, Sail Armada acts as an Agent between the Consumer and the Charter Companies on the basis of the mandate to make the booking given by the Consumer through the booking request sent.

Sail Armada cannot assume any responsibility for the products and services offered by the Charter Firms and cannot guarantee in any way, explicitly or implicitly, the accuracy or quality of the products and services offered on site by them.

The capetan.club website is a platform for the consumer to access practice modules related to the field of sailing, such as, but not limited to: practical sea sailing course for beginners and intermediate level (Hands-On Practice module), advanced practical sea sailing course (Hands-On Practice Advanced module), practical sea sailing course in special conditions (Hands-On Tide), practical training course for professional skippers (charter skippers).

Capetan acts as an intermediary between the Consumer and the RYA licence course provider, namely Aegeas Yachting Kavala. The conditions are specified and detailed in the contract between the two parties.

Capetan cannot assume any responsibility for the tourism products and services offered by Aegeas Yachting Kavala and cannot guarantee in any way, explicitly or implicitly, the accuracy or quality of the products and services offered directly by it.

All bookings through this website are subject to the provisions of these Terms and Conditions and the provisions of the documents detailing the booking conditions for each category of service, as follows:

• Booking Form (Booking Form) - this document is sent to the client when confirming the availability of the place on the desired module.
• RYA Course Booking Form - this document is sent to the client when confirming the availability of a place on the desired module.

Sail Armada, mainly through the Capetan division, can assume the role of intermediary between skippers and clients (which can be charter companies, agencies and various consumers, individuals or legal entities) who need the services of a professional skipper. For such situations, specific contracts will be concluded between Sail Armada and the beneficiaries of these types of intermediation.

RELATED SERVICES

Sail Armada may provide, at the Consumer's request, information about activities and services related to those booked and information about the area in which the booked service is to be provided. Such information will be passed on to the Consumer in good faith, but Sail Armada does not assume any direct involvement in such related activities and services, unless otherwise expressly stated in the booking conditions of the respective service.

TRANSPORT TO AND FROM THE PLACE WHERE THE SERVICE IS PROVIDED

The services offered by Sail Armada do not include transport to and from the locations where the services are to be provided, including any transfers and any other type of transport, unless otherwise expressly stated in the booking conditions of the respective service.

RESELLING PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITES

Sail Armada does not allow the resale of its Products and Services without prior written consent.

Sail Armada reserves the right to collaborate with partners to promote its Products and Services in certain locations or on certain websites.

INFORMATION AVAILABLE ON WEBSITES

Sail Armada makes available to the Consumer, through its Websites, information of a general nature, which is provided for advisory purposes. It is important to note that the information published on the Websites may be subject to change at any time and it is therefore necessary to ask for any details and clarifications you consider necessary, preferably in writing, before making a booking.

The information and photographs about boats appearing on the Sites may be purely informative in relation to the models of boats available and are taken directly from the charter companies or their presentation websites. The boat received in the marina from the charter company by the Consumer may not correspond faithfully to the boat shown in the presentation images. We recommend that you always ask for detailed information that meets your requirements before making a booking.

Sail Armada cannot guarantee that the information on the Websites, including but not limited to rates, dates, descriptions, names, is absolutely accurate and free from flaws, any endeavour being subject primarily to human error. However, Sail Armada endeavours to publish accurate information and to correct (correctable) errors as soon as they are brought to its attention.

GENERAL BOOKING CONDITIONS

Any booking enquiry sent by the Consumer through the Sites shall be deemed to be the Consumer's intention to purchase a particular product or service. The Consumer will be contacted within a reasonable period of time by e-mail to confirm the availability of the requested Product or Service, the booking conditions, the total price involved, payment details, and to provide any requested information. Once this e-mail has been sent, the Consumer's request for a booking is deemed to be registered and this document shall take effect. The exact booking conditions will apply in addition to the Terms and Conditions in this document.

When signing a contract with a Charter Firm, it may contain provisions specific to that firm and documents on its own terms and conditions which may include provisions relating to, but not limited to, various payment procedures, obligations, cancellation and amendment policy. Sail Armada will make these documents available to the Consumer in good faith and in a timely manner and the Consumer undertakes to comply with such provisions and to seek clarification where it considers it appropriate before signing the Contract with the Charter Firm. By signing the Contract, the Consumer also assumes the various fees as requested by the Charter Company, undertakes to pay them within the agreed deadlines, without being able to claim compensation or return these amounts from Sail Armada. The Consumer is directly responsible for complying with the conditions imposed by the Charter Firms with which he/she chooses to sign a contract.

If you notice on any of the Sites references to special offersPlease read these terms and conditions carefully, and use the contact details to request full information before making a booking.

GENERAL POLICY ON CANCELLATIONS AND AMENDMENTS

If the Customer wishes to cancel or modify a booked or purchased Service, it is his/her responsibility to inform Sail Armada in writing.

In situations where Sail Armada is acting as an Agent and the Consumer's offer or contract is with another entity, such as a Charter Firm, those terms present in that contract will apply. The Consumer agrees to abide by them and to have no claims of any kind against Sail Armada. The Consumer also assumes that, in certain cases, according to those clauses, it is possible that certain Services cannot be cancelled or modified, in which case he assumes the penalties and consequences, including but not limited to financial ones.

In situations where Sail Armada is acting on its own behalf, cancellations and amendments may be made in accordance with the Terms and Conditions herein and subject to the booking conditions specific to the respective category of service. Sail Armada will use its best endeavours to assist the Consumer with the requested changes or cancellations, within the limits imposed by clauses already agreed in writing between the parties. Sail Armada reserves the right to apply certain fees to cover administrative costs that may result from the actions requested by the Consumer.

Sail Armada incurs costs from the moment a booking is confirmed. For this reason, after payment of the first instalment cancellation with full refund of the amounts paid by the Consumer is not possible. The Services will become available for booking again and full refund can only be made in the event that the service is booked by another Consumer.

A Consumer who is unable to travel to take advantage of a booked Service, has the possibility to transfer it to another Consumer with prior notice to Sail Armada and without charge. Such transfers may be made up to one week prior to the commencement date of the relevant Service. Transfers of this nature also involve any outstanding balance. The new Consumer will become the holder of the service and therefore of all the terms and obligations of the original Consumer.

Certain Services available through the Sail Armada Websites require a minimum number of participants to be operational. If the minimum number of bookings required for such Service is not reached, Sail Armada reserves the right to cancel it. Consumers with bookings for such Service will be notified accordingly and at a reasonable time in relation to the commencement date of the Service, and all monies paid by them will be refunded.

Sail Armada endeavours not to make changes and cancellations that have not been requested by the Consumer. A confirmed reservation, for which the Consumer has made partial or full payment, may be subject to cancellations and changes only if the minimum number of participants is not reached or in situations beyond Sail Armada's control.

Sail Armada endeavours to ensure that most of the changes made are minor and affect the Consumer as little as possible. Occasionally it may become necessary to make a significant change to a booking. This is a change that may have a major effect on the booking made by the Consumer, such as, but not limited to: changing the boat chosen to one of a lower class or of a different standard for all or a significant part of the holiday period; changing the location of the service to one that may be considered inconvenient. In the event that Sail Armada considers that such a change is necessary, the Consumer will be notified as soon as possible. Depending on the time remaining until the date of commencement of the service, Sail Armada may offer the Consumer one of the following options:

• acceptance of the amended reservation;
• accepting another reservation of the same type and quality as a replacement for the cancelled reservation
• cancellation of the reservation or acceptance of cancellation if applicable, in which case you will receive a full and prompt refund of all monies paid to Sail Armada.

If the new booking is cheaper than the original, Sail Armada will refund the difference in price. The applicable price for a new booking may differ in value from the price of the original booking. The consumer will receive a refund if the new booking is cheaper and will pay the difference in price if the new booking is more expensive.

PAYMENT METHODS

Sail Armada may accept payment by bank or cash for its Products and Services, and cannot accept any responsibility for monies sent by courier, regardless of the method of sending them.

Any bank payment will be made to the Sail Armada accounts.

EURO ACCOUNT RO35INGB00000000999999991111234724, opened with ING Bank

RON ACCOUNT RO55INGB00000000999999991121121111375, opened at ING Bank

Depending on the booking conditions specific to each Service and depending on the terms and conditions imposed by the Charter Firms at the time of making a booking, the Consumer may be required to pay for all or part of the booked Service.

Sail Armada undertakes to clearly communicate the available payment options to the Consumer.

The consumer undertakes to inform Sail Armada clearly about the desired payment option.

Sail Armada will not transmit to the Consumer the documents related to the provision of a booked Service in the absence of fulfilment by the latter of the payment obligations and terms. For any booking made, the Consumer is solely responsible for the payment of the related amounts.

Any fees or commissions that may arise when paying by bank transfer are the responsibility of the Consumer.

If payment for a service is to be made from another person's account, Sail Armada must be informed in writing.

Sail Armada provides its services exclusively outside Romania, so rates are mainly expressed in EUR. Rates and fees may fluctuate due to changes in exchange rates when expressed in RON. Sail Armada reserves the right to use the VISA exchange rate for the conversion of values from EUR to RON.

TRAVEL INSURANCE

Sail Armada does not commercialise sailing insurance.

For your information, information about insurance options may appear on the website.

We recommend, as a general rule, that each Consumer should obtain travel insurance appropriate to their booking and including at least the following:

- emergency medical expenses, including, but not limited to, ambulance and repatriation costs;

- clauses relating to the cancellation or reduction of the duration of the contract;

- personal liability in respect of, among other things, individual or group damage caused by negligence in relation to the premises where you are staying.

- delays in travel and transport, which must include, inter alia, additional costs incurred in case of delay.

- The policy must include the activities you are likely to do, with particular reference to sailing;

- the policy must cover the entire period of the reservation up to the last day of the trip and it is preferable not to have a clause allowing the insurer to cancel the policy or change the terms due to medical reasons, unless there has been an individual underwriting with specific terms.

Note: There are, of course, other sections to a travel insurance policy, such as baggage, legal expenses, personal accident, natural disasters and so on. We encourage treating this subject responsibly.

Failure to obtain adequate insurance may mean that you assume full liability for all claims, costs and expenses involving your staff.

Please read the policy details carefully and take it with you on holiday. It is your responsibility to ensure that the policy you purchase is suitable and tailored to your specific needs.

IMAGE COLLECTION

Taking into account the legal provisions regarding the protection of personal data, we inform you that during the performance of some of the Services booked through Sail Armada there is the possibility of taking films/photos. It is also possible that some of this material may be used for promotional purposes on Sail Armada's websites and social media networks on Facebook, Google+ and Instagram. By making a booking, the Consumer consents to the collection of these images/videos and their possible appearance on the channels shown. If the Consumer does not wish to be filmed/photographed, the Consumer undertakes to contact Sail Armada and request this in writing prior to the provision of the booked service. The message should include the name and contact details of the person who does not wish to be filmed/photographed, together with the booking number.

DATA PROTECTION

Sail Armada will use your personal data in accordance with Privacy Policy.

This document details how Sail Armada collects and uses the personal data you provide through the Sites, outlines the choices you have regarding the use of your personal data, and indicates the steps you can take to access that information and to request that it be corrected or deleted. To have any questions about this policy answered, the Consumer should address them in writing to Sail Armada.

The personal data collected is used exclusively for the fulfilment of the contractual obligations towards the Consumer, for issuing invoices, vouchers, to complete the contracts and all documents that service a reservation. Personal Data shall not be disclosed to third parties for any purposes other than those mentioned. Personal data will be disclosed if required by law or if Sail Armada is firmly convinced that this is absolutely necessary to comply with the law, co-operate with the authorities or protect its legal rights.

• Personal Data Protection Information Notice -

According to the requirements of REGULATION (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC and Law No 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, Sail Armada will safely administer the personal data provided by the Consumer only for the specified purposes.

According to REGULATION (EU) 2016/679, the consumer has the right to information, access, rectification, erasure, restriction, portability, objection and the right not to be subject to automated decision making, i.e. the right to have recourse to justice.

NEWSLETTER

By subscribing to the newsletter, Sail Armada will send to the e-mail address indicated offers, news and information that it considers useful for the recipient.

An unsubscribe link is included in the footer of any newsletter.

COOKIES

A cookie is a ".txt" file provided to browsers by a web server that can be placed on users' hard discs. Some browsers are set to accept these cookies. If this is not desired, the browser can be set to show a notification each time it receives a cookie or to refuse all cookies by default. It is important to be aware that a default setting to refuse cookies means that the Sail Armada Websites will not be usable.

MAJOR FORCE

Except as otherwise expressly provided herein, Sail Armada cannot accept liability or pay any compensation if the performance or prompt performance of its obligations is prevented or affected by force majeure. Similarly will be dealt with situations where the Consumer suffers damage, loss or expense of any kind as a result of force majeure.

A force majeure is any event that Sail Armada or the charter companies involved cannot foresee or avoid, even with all due care. Such events may include actual or potential war, riot, civil strife, civil strife, terrorist activities, industrial disputes, natural or nuclear disaster, unfavourable weather conditions, fire and all similar events beyond the control of any party involved.

GOVERNING LAW

This document is governed by the laws of Romania. The courts of this country shall have exclusive jurisdiction to rule on any dispute or claim arising out of or in connection with the clauses contained herein or the subject matter or formation thereof, including non-contractual disputes and claims.