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Terms and conditions

The activities of SailingSelection.com: Intermediation service

"SailingSelection.com" is a trading name of Trimusket B.V., a limited liability company incorporated under the laws of the Netherlands, and having its registered address at La Bonne Aventure 2, 6041 MC, Roermond, the Netherlands.

Trimusket B.V. owns the website www.sailingselection.com .

Through the www.sailingselection.com website, Trimusket BV provides an online booking service through which selected sailing ship cabin providers, such as sailing shipping companies, and other similar providers can offer their products and booking services, and which the website users can use to make a reservation.

Trimusket BV itself does not provide the services offered on the "www.sailingselection.com" website and therefore is not the selling party regarding the ship cabin(s) or other accommodation types.

When you make a reservation via the www.sailingselection.com website, you are committed in a direct contractual relationship to the ship cabin provider with whom you made a reservation. sailingselection.com communicates your reservation details to the relevant provider(s) and sends you a confirmation email in the name and on behalf of the provider.

Our reservation service is free of charge for the end user (consumer).

The rates

The rates as offered by the ship cabin providers on sailingselection.com are highly competitive. All rates for your sailing trip are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on sailingselection.com or the confirmation email. Rates are per person (or per group, in case more than 1 person are indicated in the reservation request for joining in the chosen sailing trip) and subject to validity or expiration as indicated on the confirmation, if applicable. Applicable fees and taxes (including tourist/city/local tax) may be charged by the ship cabin provider in the event of a no-show or cancellation.

It can be that from time to time cheaper rates are available on sailingselection.com for a specific sailing trip, product or service. However, these rates, which are made available by the ship cabin provider may carry special restrictions and conditions, for example non-cancellable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

The ship cabin providers

The ship cabin providers which are authorized to offer their reservation products or services and whose offers are displayed on the "www.sailingselection.com" website are professionals in a contractual relationship with Trimusket BV.

As part of this contractual relationship, Trimusket BV receives a commission from the ship cabin provider after that the guest has stayed at the provider's ship cabin / accommodation or benefited from the service or product.

A breach of the ship cabin provider's obligations to Trimusket BV can lead to its delisting.

Sailingselection.com and the ship cabin provider are each entitled to terminate their relationship for whatever reason (including in the event of breach of contract or (filing for) bankruptcy) with due observance of the relevant notice period as agreed between both parties.

Completeness

The bookable products and services available on the "www.sailingselection.com" website can't be exhaustive:

sailingselection.com doesn't list similar products and services offered by professionals or non-professionals who don't have a contractual relationship with sailingselection.com.

The listed ship cabin providers don't necessarily offer all their sailing trips on the "www.sailingselection.com" website.

On the "www.sailingselection.com" website homepage, you will find the number of worldwide available ship cabin / accommodation that can be reserved for on the website.

You will find on the search results page the number of ship cabin providers in the country, the region where the service and/or the product is sought.

Information Updates via the website and extranet

Most ship cabin information displayed on the "sailingselection.com" website is based on information given by the particular ship cabin provider(s) who update relating text/content, pictures, rates, availability and options at their sole discretion and at their own pace through the Extranet website section to which they have access, and this section especially being provided for them by sailingselection.com. The ship cabin provider shall safeguard and keep the user ID and password confidential and secure, and shall not disclose the user ID and password to any person other than those who need to have access to the Extranet to fulfil their job responsibilities.

The ship cabin provider shall notify sailingselection.com at info@sailingselection.com within 24 hours of any actual or suspected breach of security or confidentiality involving the user ID and password used to access the sailingselection.com – Extranet section.

sailingselection.com endeavours to update the "www.sailingselection.com" website in real time.

Website exposure: sequence of information

On the results page of our website, ships in the relevant region are sorted by default or, for convenience purposes, by filters located at the top of the results page, which you can use to see matching results only. Our current “default ranking" is the ranking default setting of information shown on the website, not yet being influenced by pricing level, guest review score, ship (star/flag) rating, etc. In future, we might step over to a different default setting created by a changing/evolving (partly) automatic system. This algorithm could consider several criteria including, for example, the popularity of a ship cabin provider among their customers, the prices, the customer service record, certain reservation data, the commission percentage and the on-time payment of commission. In case we change to such or similar default setting, you will be informed about this on this page.

sailingselection.com has the intention to start a preferred partner scheme in the near future. This programme would be offered to those ship cabin providers that excellent in their commitment towards our platform, highest quality services and outstanding quality/price ratio while offering competitive prices. On the basis of equal criteria, a preferred partner would be ranked higher than other ship cabin providers. Preferred partners would be marked with a special ”flag” while encountering special contractual arrangements in cooperation with sailingselection.com for this special ranking.

Featured rates and potential additional fees

The rates displayed on the website are set and communicated by the ship cabin providers.

Unless otherwise specified, the rates are displayed in euro’s per person in ship cabin accommodation and for your entire stay, as indicated.

The potential taxes and additional fees may vary according to the country, the ship cabin provider, the cabin accommodation, the selected cabin type and the number of guests. Please note that taxes may vary according to decisions taken by local authorities.

We display the equipments and facilities offered by the cabin accommodation, e.g. in the sailing trip description. Please note that not all the offered equipment and facilities may be included in the rate. Additional fees may apply for some services or equipments, such as but not limited to F&B, activities on and off-board, cleaning service etc.

Information received by the guest during the course of the reservation process from the ship cabin provider directly, will always be overruling as also are the Terms and Conditions of each particular ship cabin provider.

Payments and cancellations

sailingselection.com doesn't charge the guest (end consumer) for any reservation or cancellation fees nor any other fees related to their reservation, and no payment is made by sailingselection.com. The guest deposit payment should be done by wire transfer only, directly to the ship cabin provider, as indicated, and further guest (balance) payment(s) should also be done directly to the particular ship cabin provider.

Some ship cabin providers may offer for sailing trip reservations to be paid (wholly or partly and as required under the payment policy of the ship cabin provider) to the ship cabin provider during the sailing trip reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain (non-refundable) rates or special offers, please note that ship cabin providers can require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the sailing trip reservation. Therefore, we advise you to check the reservation details of your product or service of choice thoroughly for any such conditions, prior to making your sailing trip reservation. sailingselection.com cannot be held liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the ship cabin provider and you cannot (re)claim any amount for any valid or authorized charge by the sailing trip provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card. And, sailingselection.com cannot be held liable or responsible for any credit card fraud or unauthorised use of your credit card by third parties.

When you confirm a sailing trip reservation with a ship cabin provider, you accept and agree to the relevant cancellation and no-show policy of the particular ship cabin provider, and to any additional (delivery) terms and conditions and house rules of the ship cabin provider that applies to your sailing trip, including for services offered by the sailing trip provider. The applicable terms and conditions of a ship cabin provider can be obtained with the particular ship cabin provider. Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable local (tourist) taxes may still be charged by the ship cabin provider in the event of a no-show or charged cancellation. Please be aware that even in case of a down payment done to the ship cabin provider or (wholly or partly) prepayment, the corresponding reservation still can be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the ship cabin provider and the reservation. Cancellation and prepayment policies can differ per product or service of each sailing trip. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you cannot claim any refund of any (non-refundable) prepaid amount unless the ship cabin provider agrees or allows otherwise under its (pre)payment and cancellation policy.

When you want to review, adjust or cancel your sailing trip reservation, please contact the ship cabin provider and follow the corresponding instructions. It is possible that you can be charged for your cancellation depending on the ship cabin provider's cancellation, (pre)payment and no-show policy or that you are not entitled to any repayment of any (pre)paid amount. We advise you to read the cancellation, (pre)payment and no-show policy of the ship cabin provider carefully and to make any further payments on time to the ship cabin provider as is required for the particular reservation.

When arriving too late for the required “boarding time”, please make sure to (timely/promptly) contact the particular ship cabin provider to inform, so they know when to expect you, this to avoid cancellation of your sailing trip reservation or charge of the no-show fee. Our help desk can also assist in help regarding informing the ship cabin provider. Sailingselection.com is not liable or responsible for the consequences of your delayed arrival or any cancellation or charged no-show fee by the ship cabin provider.

Guest reviews

Clients who made a reservation through our platform and who actually have stayed on the partner’s ship will be invited by sailingselection.com to comment on their stay on the particular ship and to provide a score for certain aspects of their stay.

Currently, the guest reviews cannot yet be place directly on our website platform by the guest him/herself. Therefore we ask them to send their guest review to us via email: info@sailingselection.com

The guest review (including submitted rating during your stay) may be (wholly or partly) used and placed by sailingselection.com at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our website platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by sailingselection.com and our business partners.

Sailingselection.com will not accept reviews including:

Hate speech, profanity, threats, sexually related, discriminative expressions, violence
Mentioning of full names, personal attack towards the staff
Promoting illegal activities
Political remarks
Websites, emails and addresses, phone numbers etc

Once we use a “direct on-line guest review facility”, we will inform you about this on this page.

Communication

For securing your sailing trip reservation, you need to use your correct email address. Sailingselection.com is not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number or the like.

Although the following features are not yet operational, in due course, after the guest has completed the sailing trip reservation, the guest agrees to possibly receive:

an email which we may send you shortly prior to your “boarding date”, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your sailing trip (reservation) and destination
an email after the “boarding date” to be able to rate the (experience with your) ship cabin provider and the sailing trip service
an email which we may send to you promptly after your sailing trip inviting you to complete our guest review form.

Sailingselection.com is not liable or responsible for any communication by or with the ship cabin provider on or through its website platform, you cannot derive any rights from any request to, or communication with the ship cabin provider or (any form of) acknowledgement of receipt of any communication or request. Sailingselection.com cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the ship cabin provider.

Any claim or complaint against sailingselection.com or in respect of the sailing trip service must be promptly submitted, but in any event within 30 days after the scheduled day of use of the product or service (debark-date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation. We advise you to first notify us of any complaints by contacting our Helpdesk / Customer Service.

See also our “Privacy and Cookie Statement” for more information about how we may contact you.

Intellectual Property Rights

The software required for our services or available at or used by our website platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our website platform are owned by Trimusket B.V. , or by the contracted ship cabin providers, unless stated otherwise.

sailingselection.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to sailingselection.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

Privacy and Cookie Statement

Sailingselection.com respects your privacy. Please have a look at our “Privacy and Cookie Statement” for further information about this subject.

Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, sailingselection.com is only liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the sailing trip reservation confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the ship cabin provider as made available on our website platform, (iii) the services rendered or the products offered by the ship cabin provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the ship cabin provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Sailingselection.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the sailing trip and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant ship cabin provider is solely responsible and assumes all responsibility and liability in respect of the sailing trip (including any warranties and representations made by the ship cabin provider). Sailingselection.com is not a seller of the sailing trip. Complaints or claims in respect of the sailing trip (including related to the offered (special/promotion) price, policy or specific requests made by customers) are to be dealt with by the ship cabin provider. Sailingselection.com is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.

Whether or not the ship cabin provider has charged you for your sailing trip, you agree and acknowledge that the ship cabin provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the sailing trip rate or fee to the particular tax authorities. Sailingselection.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the sailing trip rate or fee to the particular tax authorities. Sailingselection.com does not act as the merchant of record for any product or service made available on the website platform.

By uploading photos/pictures onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that sailingselection.com may use the uploaded photos /pictures on its (mobile) website and app, and in (online/offline) promotional materials and publications and as sailingselection.com at its discretion sees fit. You are granting sailingselection.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as sailingselection.com at its discretion sees fit. By uploading these photos / pictures the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, ship cabin owners) due to sailingselection.com publishing and using these photos/pictures.

Sailingselection.com does not own or endorse the photos/pictures that are uploaded. The truthfulness, validity and right to use of all photos/pictures is assumed by the person who uploaded the photo, and is not the responsibility of sailingselection.com. sailingselection.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/picture that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by sailingselection.com at any time and without prior notice.

Method for settling disputes

These terms and conditions as well as our related offered services are according the Dutch law. Unless otherwise provided by the public order, any dispute arising from the use of our services and general terms shall be submitted to the relevant jurisdictions in Roermond, the Netherlands.

The contractual relationship regarding the reservations and their related services is established between the ship cabin provider and the end user. Therefore, any claim regarding the stay policy or the performance of the services shall be addressed directly to the ship cabin provider.

The original English version of these terms and conditions may have been translated into other languages. Regarding any translated version, you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform (by selecting the English language).

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.