Topyot Yachtcharter » GTC
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General terms of business

BY ACCESSING OR USING THIS WEBSITE OR ANY SERVICE PROVIDED ON THIS WEBSITE, YOU CONFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, PLEASE EXIT THIS SITE.

You affirm that you hold an internationally accepted license (e.g. ICC, Radio Licence or CEVNI). If you do not have any own license, do not have a skipper who has this license, or do not want to book a skipper, we cannot establish for you a contact on this website with a charter company. Topyot shall have no liability to receive and keep in force any license and other authorizations required by any applicable law for the listings.

Topyot solely makes available  the online platform  on which you, the user, can make an agreement with a certain charter company. Topyot  neither acts as organizer, agent or representative of the charter company, nor as sales representative or provider of placement for those yachts listed on the website. Topyot does not assume responsibility for the agreement between you, the user, and the charter company.

 

Persons under the age of eighteen years are not allowed to enter into an agreement with a charter company.  If you, the user of the platform,  enters into an agreement with a charter company, you declare that you are older than eighteen years of age.

 

As a user of the website, you may make a booking with a particular charter company. Thereby  you acknowledge and understand that the legal contract governing each specific booking is entered into between this particular charter company and you, the user of the online platform.

 

Topyot solely acts as broker, by having  the details of the booking transferred to the respective charter company and a confirmation email concerning the booking sent to the person who made the booking.

 

Topyot , therefore, is not a participant to this agreement. The terms and conditions of the particular charter company shall apply at the time the agreement is signed. You shall be bound by the booking confirmation and agree to the booking terms which apply to the booking with the particular charter company in terms of payment, cancellation and other related matters.

 

Topyot solely is responsible for establishing  contacts between the charter company and the client. Topyot is not responsible for  the non-performance or partial performance of the agreement between the charter company and the client.

 

The charter company has to enter into an agreement  with the client in which the terms and conditions for the services of the charter company are stated.

 

The charter companies are responsible for the accuracy and correctness of the information (including rates, taxes and availability) advertised on the online platform. The online platform should not be considered as a reference or advocacy of the quality of the charter company. The information disclosed by the charter company will not be verified by Topyot.

Terms of payment

When the charter company  accepts the booking request and a booking confirmation is sent to the requestor, payment in the amount of the entire booking fee becomes due. For bookings earlier than 30 days from check-in, either 100% of the booking fee has to be paid instantly or a 50% down payment. The definite booking by the charter company will only be made  when payment of at least 50% is received. The remaining sum is to be paid at least 30 days prior to the date of check-in.

 

The booking fee shall be transferred to the Topyot account No. IBAN: AT09 3200 000000 12492260 BIC: RLNWATWW. Topyot undertakes to have the booking fee transferred, minus  the service charges, to the charter company within five business days.

 

Topyot will notify the charter company once a guest has successfully completed the payment. Topyot undertakes to forward the payment, minus the service fee up to 15%  to the charter company  within five days.

Cancellation and modification of agreements

Guests can cancel their booking through the online platform at any time without any cost prior to the charter company’s confirmation of the specific booking.

 

Once the booking has already been approved by the charter company,  guests can apply for a cancellation of their booking by getting in touch with charter company. It is, however, the full discretion of the specific charter company  whether and under which terms  the charter company will provide any refund.

 

For all bookings approved by the charter company, the service fee of 15% is not refundable and will be retained by Topyot.

Data protection

When you access the online platform you will be asked to provide  some personal information. Your personal data will be stored and processed according to the Austrian data protection regulations. You explicity consent  that your data will be processed and utilized for the purpose of consulting, advertising and market research, booking and newsletter. This consent may be revoked at any time by letter/email (Topyot GesmbH, Kochgasse 11, 3003 Gablitz, Austria)or office@topyot.com.  Topyot guarantees that your data will be handled confidentially according to the current data protection regulations.

Copyright

Topyot GesmbH (limited liability company) , copyright reserved. Text, images, graphics, sound, animations and videos on the webpage  are subject to the protection of the copyright law and other protective legislation. The contents of this website may not be copied, distributed or modified for commercial use  or made  available to third parties. The images included on this online platform are partially subject to the copyright law of third parties.

Trademark

All trademarks on this platform are registered  trademarks of Topyot or other trademark owners.

Liability

This online platform was put together with utmost care. Nevertheless, Topyot cannot guarantee that the information contained in the website is faultless and accurate.  Therefore, Topyot  does not accept responsibility for any direct or indirect damages that may be caused by use of this web site.

No Warranties or Liability

While the information images, materials and other content provided in this notice and on this online platformn is believed to be accurate, it may include errors or inaccuracies. Topyot  assumes no liability for the contents of websites that are maintained by third parties and is not liable for their contents. The information on this website is provided “as is” and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this notice.

Topyot shall not be liable to any person for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising, unless caused by gross negligence or intentional misconduct.

Compliance with applicable laws

If you book via this online platform, you and the charter company have to agree to all applicable laws and regulations of the Republic of Austria and other countries associated with the services, products or downloads of this website. You assure that you agree to all legal regulations for the services. If services are offered on the website, this does not mean that every potential guest may use each and every service offered.

Place of jurisdiction

For all legal actions taken against a client residing in Austria, with his/her usual residence or place of employment in Austria, because of disputes from this agreement, one of the courts of the district where the client resides, has his/her usual residence or place of employment, has jurisdiction. For clients who, at the time of entering into the agreement, do not reside in Austria, the statutory jurisdictions shall apply.

Modification of contracts

Agreements already entered into can only be modified in writing, the person who makes the booking has to accept factually justified and reasonable modifications.

 

Topyot may slightly change these terms at any time without notice. It is your responsibility to review the terms on the website each time you access the website, to ensure you are aware of our latest terms and conditions. Your use of this website after a change has been made signifies your acceptance of the revised terms.

Force majeure

The service provider is not responsible or liable for any modifications caused by natural disasters, threats of war, weather conditions,  labour disputes or similar circumstances beyond our control.