Terms of Service

Navigate the waters of Sailova's platform with confidence, knowing that our Terms of Service are designed to protect and ensure a fair and transparent experience for all our users.

Read Our Policies: Ensuring a Safe and Fair Experience for All

Last Updated: April 3, 2023

Welcome to Sailova! These Terms of Service ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Sailova Platform"). By using the Sailova Platform, you agree to be bound by these Terms. If you do not agree with these Terms, please do not access or use the Sailova Platform.

Acceptance of Terms

By accessing or using the Sailova Platform, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. We may update these Terms from time to time, and any changes will be effective upon posting. Your continued use of the Sailova Platform following any changes to these Terms constitutes your acceptance of such changes.

Eligibility

To access and use the Sailova Platform, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using the Sailova Platform, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use the Sailova Platform.

Description of the Sailova Platform

The Sailova Platform is an online marketplace that connects yacht rental operators with customers looking to rent yachts. We provide a platform for yacht operators to list their yachts and manage bookings, and for customers to search for, book, and pay for yacht rentals. We are not a yacht operator, owner, or rental agency, and we do not own, operate, or control any of the yachts listed on our platform.

Account Registration and Security

To access certain features of the Sailova Platform, you may be required to register for an account. When registering for an account, you agree to provide accurate, current, and complete information about yourself and to update your information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account password and for any activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized access to or use of your account.

User Content

You are solely responsible for any content, including text, images, videos, and other materials, that you submit, post, or otherwise make available on or through the Sailova Platform ("User Content"). By submitting, posting, or otherwise making available User Content, you represent and warrant that you have the necessary rights, licenses, and permissions to use and share the User Content, and that the User Content does not infringe, misappropriate, or violate any third-party rights, including copyright, trademark, privacy, or other intellectual property rights.

We do not claim ownership of your User Content, but by submitting, posting, or otherwise making available User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, publicly display, and otherwise exploit your User Content in connection with the Sailova Platform and our business, including for marketing and promotional purposes.

Prohibited Conduct

By using the Sailova Platform, you agree not to:

  1. violate any applicable laws, regulations, or guidelines;
  2. submit, post, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. submit, post, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. submit, post, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  6. submit, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  7. use the Sailova Platform for any illegal or unauthorized purpose, or to engage in, encourage, or promote any illegal activity or conduct that violates these Terms;
  8. interfere with or disrupt the Sailova Platform or servers or networks connected to the Sailova Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sailova Platform;
  9. use the Sailova Platform to collect, store, or distribute personal data about other users without their consent; or
  10. use the Sailova Platform to harm minors in any way.

Payments and Fees

By using the Sailova Platform to book a yacht rental, you agree to pay the fees associated with the rental, as displayed on the platform at the time of booking. All payments are processed through our third-party payment processor, Stripe. By using Stripe to make payments, you agree to be bound by Stripe's Terms of Service and Privacy Policy.

We may charge fees to yacht operators for using the Sailova Platform to list and manage their yachts. Such fees will be clearly disclosed on our pricing page, and by using the Sailova Platform, yacht operators agree to pay these fees.

Cancellations and Refunds

Yacht operators may set their cancellation and refund policies, which will be displayed on their listing pages. By booking a yacht rental, you agree to abide by the cancellation and refund policies of the yacht operator.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Sailova, its affiliates, officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Sailova has been advised of the possibility of such damages), resulting from your use of the Sailova Platform or any services provided thereon.

Indemnification

You agree to indemnify and hold harmless Sailova, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Sailova Platform, your violation of these Terms, or your violation of any third-party rights.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Sailova is incorporated, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction for any disputes arising out of or relating to these Terms or your use of the Sailova Platform.

Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sailova regarding your use of the Sailova Platform and supersede any prior agreements between you and Sailova relating to your use of the Sailova Platform. The failure of Sailova to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sailova Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination

Sailova reserves the right, in its sole discretion, to terminate your access to the Sailova Platform, with or without cause and with or without notice, for any reason or no reason, including without limitation, your breach of these Terms. Upon termination of your access to the Sailova Platform, your right to use the Sailova Platform will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Contact Information

If you have any questions or concerns regarding these Terms, please contact us at diego@hotellibro.com.

Copyright Policy

Sailova respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond promptly to notices of alleged infringement that are reported to our designated copyright agent. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Your contact information, including your address, telephone number, and an email address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.