Terms and Conditions

Welcome to All Time Yachting d.o.o (referred to in these Terms as ATY, we, us, our).

These Terms and Conditions (Terms) apply to all users who access and use All Time Yachting’s products and services available on the Website.

Please read these Terms carefully before using the Website and the services. By ticking the box “I accept these Terms and Conditions”, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms, you shall not register with us or otherwise engage with the Website or services.

Please note that the  Website and the services are intended for persons who are 18 years of age or older (or emancipated minors enjoying full legal capacity). If you don’t fill in this criteria, you shouldn’t be using the Website and services.

1. Definitions

1.1 The terms below have the following meanings whenever capitalised, whether used in the singular or plural:

(a) Boat Charter Company: any legal entity that owns Vessels or is legally entitled and authorized to offer Vessels for Rental on behalf of its owners;

(b) Booking Price: the price for the booking of a Vessel which will be confirmed to Users in the Booking Confirmation E-mail. This price includes all taxes and excludes fuel or mooring costs, unless otherwise specified in the Listing. In case of a divergency between the price displayed in the Listing and in the Booking Confirmation E-mail, the latter shall prevail.

(c) Content: any texts, graphics, images, videos, information, reviews, feedbacks or other material that Users post, upload, publish, submit or transmit to the Website;

(d) Extra Conveniences: any additional options taken out by a User in respect of a Rental, in addition to the Booking Price (e.g provision of bedding, cleaning, extra equipment);

(e) Listing: a Rental offer published on the Website;

(f) Rental: the rental of a Vessel by a User;

(g) Rental Contract: the contractual arrangement to be entered into between a Boat Charter Company and a User in connection with the Rental;

(h) Rental Period: the time during which the Vessel is rented out as agreed in the Rental Contract;

(i) Service: the availability of the online platform (currently the Website) as a venue for Users and Boat Charter Companies to view and post available Vessels for Rental, including the management of bookings and payments between Users;

(j) User(s): any natural person or legal entity booking a Vessel for Rental;

(k) Vessel: any nautical boat that is offered for Rental by a Boat Charter Company on the Website (including, but not limited to, motorboats, sailboats, catamarans , etc);

(l) Website: means ATY’s online platform available at www.alltimeyachting.com and any other mobile, tablet or smart device’s applications where ATY’s Service is made available from time to time.

2. Who we are / Our Services

2.1 All Time Yachting d.o.o is a company incorporated under the laws of the Republic of Croatia, with company registration number (OIB) 67752349115 and registered office at Augusto Ferri 1, Rovinj, Croatia.

2.2 Our purpose is to enable you to find and book Vessels in different locations worldwide. Through the Website, we provide you with all necessary support to contact a Boat Charter Company in order to complete a booking with them.

2.3 Most of the Vessels published on the Website are owned or managed by Boat Charter Companies and are not ATY’s property. We operate solely as an online marketplace allowing Website’s users to book Vessels of their interest. By using the Website, you must understand that our responsibility is limited to facilitating the availability of the Website and the Service to you as set out in these Terms.

2.4 All Boat Charter Companies whose Vessels are listed on the Website are subject to an onboarding process carried out by us (or our third-party partner) to make sure they meet the criteria required in our preliminary checks.

2.5 ATY reserves the right to take out any Listing from the Website at any time and its sole discretion; for example, if there are numerous complaints or negative feedback about Boat Charter Company or a Vessel in particular.

3. Disclaimers

3.1 Regarding information and content on the Website. While we map and standardise information that are provided to us in relation to Vessels and endeavour best efforts to ensure that the content on the Website (including in the Listing offers) is the most accurate and reliable as possible, there might have cases where necessary updates run out of our control.

We cannot guarantee the absolute accuracy and correctness of information on the Website, and we may not be held liable if information therein  (including in a Listing offer) is misleading or incorrect. We can neither guarantee that a booking facilitated through the Website will meet your expectations and needs.

3.2 Regarding your independent relationship with Boat Charter Companies. To complete your booking, you will be required to enter into a Rental Contract with the Boat Charter Company responsible for the Vessel you chose. The terms of the Rental Contract will be at the Boat Charter Company’s sole discretion and will be provided to you in due course (as further detailed below). Those will be subject to your acceptance before binding you to any extent.

You understand that this arrangement will be entered solely between you and the relevant Boat Charter Company. ATY is not, and will not be, a party to any Rental Contract entered into between Users and Boat Charter Companies (even when a booking has been facilitated via the Website).

3.3 Exclusion of ATY’s liability. ATY is not responsible and cannot be held liable for any failure by a Boat Charter Company to comply with its obligations under a Rental Contract they have entered into with you (for example, if the Vessel’s characteristics don’t reflect its description on the Website or the contract, or if the Boat Charter Company doesn’t deliver the Vessel on the scheduled time or date). We can neither be responsible for the compliance by a Boat Charter Company with their local laws, rules and regulations, including those that may apply to boat operation, maintenance and rental.

3.4 All Users must understand that any bookings are made at their own risk and responsibility.

4. Creation of a User account

4.1 To place a booking request on the Website, you will need to create an account (Account) by following the procedures on the Website.

4.2 You will be required to provide us with personal information about you and to create a password for your Account. For further information on how we collect and process your data, please see our Privacy Policy.

4.3 You are solely responsible for all activity that occurs in your Account. It is your responsibility to keep your login and password secure and not to share them with anyone. ATY will not be liable if another person uses the Service by way of your Account. If you forget your login or password, you will be enabled to reset those by following the instructions on the Website. If you suspect that someone else is using your Account, you shall reset your login and password details as soon as possible, or get in touch with us if you face any difficulties.

4.4 It is also your responsibility to keep the information in your Account accurate, complete and up-to-date. if you change your email address or phone number, you shall update that information in your Account’s profile as soon as possible.

4.5 You may close your Account at any time by going to the “Settings” section in your Account’s profile and selecting to close your Account. If you wish to close your Account whilst having an active booking on the Website, you shall contact us at the contact details in the end of these Terms.

4.6 ATY reserves the right to suspend your access to your Account, or close it permanently, where we consider in our discretion that it is not in ATY’s interest that you continue to use the Website and the Service. Such circumstances may include, without limitation:

(a) if we consider that your Account is being used by someone else; or

(b) if you are otherwise, in our opinion, abusing the Website or the Service (for example, if we suspect or find out that you are under 18 years old, or you are violating the copyrights or other intellectual property of ours or others).

5. Booking Request

5.1 To place a booking for a Vessel (Booking Request), you shall select:

(a) a Vessel;

(b) the start day of the requested rental (Check-in Date);

(c) the last day of the requested rental (Check-out Date); and

(d) where applicable, any Extra Conveniences available in the Listing.

5.2 Every Booking Request will need to be pre-approved by the Boat Charter Company before it is confirmed to you. Confirmations are typically delivered within 24 hours, but they might take longer depending on the circumstances.

5.3 If your Booking Request is accepted by the Boat Charter Company, we will send you a confirmation e-mail (a Booking Confirmation E-mail) containing:

(a) all details of the intended booking, including the identification of the Vessel, the booking price, the rental period and any further details that may apply to the booking. Please bear in mind that the Booking Price informed in the Booking Confirmation E-mail is the most up-to-date one and, to the extent it diverges from the price included in a Listing published on the Website, the Booking Price contained in the Booking Confirmation E-mail shall be considered final and binding in respect to your booking should you wish to proceed with it; and

(b) the Rental Contract from the Boat Charter Company in respect to your booking. You shall read and make sure you understand the terms of this agreement as they will apply to you if you wish to proceed with your booking.

5.4 Your Confirmation to a Booking Request. We kindly ask you to get back to us as soon as possible if you do not want to proceed with your booking on the basis of information contained in the Booking Confirmation E-mail.

If you don’t get back to us within 24 hours from your receipt of the Booking Confirmation E-mail, we will consider that you are happy to proceed with the Rental offer and we will take all necessary steps so that the applicable Rental Contract is signed between you and the Boat Charter Company (your Booking Acceptance). Although not being a party to that Rental Agreement, ATY (or our payment service provider) will assist with payment transactions relating to your booking as further detailed in section 8 of these Terms.

5.5 You understand and accept that:

(a) Any such Rental Contract is a binding and separate arrangement between you and the Boat Charter Company, and it is not linked to any extent to ATY’s obligations under these Terms;

(b) Any such Rental Contract may place additional restrictions on your booking, which will apply to you in addition to your undertakings contained under these Terms;

(c) Your agreement to enter into such Rental Contract is at your sole risk and responsibility;

(d) ATY is and will remain a third party to any such agreements (even where such bookings have arisen from an introduction occurred via the Website); and

(e) ATY is not responsible to fulfil any of the Boat Charter Company’s obligations under any such Rental Contract, nor can be held liable for any breaches by a Boat Charter Company of their contractual obligations.

6. Insurance

6.1 It is your responsibility to arrange the appropriate insurances in relation to a Rental with the Boat Charter Company. This may include, for example, skipper & crew insurance, any payment protection insurance (including in relation to pre-authorised deposit), travel cancellation, payment protection insurances.

6.2 ATY is not a party to any contract for insurance facilitated through any link to a third party insurance provider that advertises on the Website, and it is not acting on behalf of any insurer, broker or agent, in any contract for sale of insurance facilitated through such link. Links shall not be interpreted by you as if ATY was endorsing any particular insurer or terms of coverage,. Any insurance contract is entered solely between you, the insurance agency and the Boat Charter Company (where applicable).

6.3 ATY has no control over and makes no representations regarding the insurance coverage that any User may purchase from a third-party insurance provider. Users acknowledge and agree that ATY assumes no responsibility or liability for any claims or disputes arising from, or related to, an insurance contract, and further acknowledge and agree that ATY shall not be included as a party to any such claims or disputes.

7. Changing a Booking Request

7.1 If after a Booking Acceptance, a User decides to change any of the terms of its Booking Request (e.g. change of the Rental Period, wants to add or cancel an Extra Convenience related to the Rental, etc), the User shall get in touch directly with the Boat Charter Company in the contact details provided in the Booking Confirmation E-mail. The User shall bear in mind that any such changes may imply in supplementary charges, and even if this is the case, that the Boat Charter Company may not be able to cater for such changes at all and, if so, there is nothing much that ATY can do to assist you.

8. Price and Payment

8.1 Booking Price. The Booking Price payable with respect to a Rental is the price informed to you at the Booking Confirmation E-mail. The price available in a Listing offer published on the Website may not be up-to-date, so you shouldn’t rely on it as if it was the final pricing.

8.2 Payment. Payment of the Booking Price shall be made to ATY (or ATY’s payment provider). To secure a Booking Request which Check-In Date is within the next 30 days, a full payment will be required and has to be pre-approved for ATY to send a Booking Request to the relevant Boat Charter Company. If the Check-in Date is further out, User may choose to pay the Rental’s price in two equal instalments.

Payments can be made either by credit card or bank transfer to ATY’s bank account. If you choose to make a bank transfer instead of a credit card payment, you shall deposit in our account the price informed in your Booking Confirmation E-mail within 5 days therefrom. No bookings will be concluded without ATY (or ATY’s payment provider) having received payment by the relevant User.

If the Booking Request is not accepted by the Boat Charter Company or a Booking Confirmation e-mail is not accepted by you, any pre-approved monies by the credit company (or monies deposited in our account) relating to the booking will be released to you within 5 to 7 days.

8.3 Extra Costs. Users may incur extra costs relating to a Rental apart from the Booking Price (e.g airport transfers, costs relating to Extra Conveniences requested). These payments may be arranged directly between the User and the Boat Charter Company. Payments for unforeseen extension of the Rental Period which are agreed with the Boat Charter Company after a booking has been completed via the Website may also be arranged directly to the Boat Charter Company (or any third party appointed by it).

8.4 Taxes. The Booking Price and any additional expenses may be subject to applicable local, federal and state taxes. It is the Boat Charter Company’s sole responsibility to collect, report or payment any applicable taxes.

9. Security Deposits

9.1 You are responsible for leaving the Vessel in the same condition it was handed over at the Check-in Date. You acknowledge and agree that you are responsible for your own acts and omissions, and for acts and omissions of any individuals whom you invite to, or otherwise provide access to the Vessel.

9.2 Boat Charter Companies may request a security deposit to cover potential damages in connection with the Rental (e.g loss of equipment, return of a Vessel after the Check-out Date, etc) (the Security Deposit). If required, you authorise ATY (or our payment provider) to deduct the amount of the Security Deposit from your credit card alongside payment of the Booking Price. If you have chosen bank transfer to ATY’s bank account as payment method, you shall also transfer to us (in addition to the Booking Price) the amount payable for the Security Deposit. We will not process a Booking Request without having received the amount corresponding to the Security Deposit, where applicable.

9.3 ATY only operates as payment agent with respect to the collection of applicable Security Deposits. You shall arrange directly with the Boat Charter Company any terms and conditions of Security Deposits (e.g. when amounts deposited shall be repaid, what if losses and damages exceed the amount deposited, etc), and ATY will not be involved in any such negotiations. Users understand and accept that ATY cannot be required to act as mediator or arbitrator in the event of a dispute of any kind between Users.

10. Extension of Rental Period

10.1 If you wish to extend the Rental Period of your booking prior to your Check-In Date, you shall get in touch with us and we will arrange such an extension with the selected Boat Charter Company, if possible (e.g depending on the availability of the Vessel).

10.2 Any extension of the Rental Period requested after the Check-in Date will be considered an ‘unforeseen change’ and shall be addressed to, and arranged directly with, the Boat Charter Company itself (without ATY’s intermediation).  Any further payments owned by you shall be agreed with the Boat Charter Company.

11. Cancellation and Refund Policy

11.1 A Booking Request is only completed at the point of a Booking Acceptance.

11.2 A cancellation made within 24hrs from your Booking Acceptance will be free of charge and any monies paid will be fully refunded.

11.3 From after 24hrs of your Booking Acceptance until 7 days of the booking Check-In Date, ATY will retain a 10% cancellation fee of any monies that have been paid, on the top of any further  fee charged.

11.4 Cancellation or change of booking terms by the Boat Charter Company. ATY is not responsible and shall not be held liable for any cancellation or change in substantial terms of a booking (e.g change in the Rental Period, unavailability or technical issues with the selected Vessel) after the formation of a contract between a User and a Boat Charter Company. Boat Charter Companies typically endeavour reasonable efforts to find a solution for an unforeseen event (e.g. find an alternative Vessel from their own fleet or another Boat Charter Company) and, although we may try to remediate where possible, any participation of ATY in an attempt to solve the problem will be at ATY’s sole discretion and good faith’ efforts.

12. If your Vessel does not match the Listing

12.1 If the Vessel or other components of the Rental do not match the booking details contained in the Booking Confirmation E-mail, you shall notify the Boat Charter Company directly to discuss the matter and try to reach an agreement/ solution.

12.2 The Rental Contract you have entered into with a Boat Charter Company may contain specific dispute resolution mechanism that will apply in this scenario. In no event ATY will refund you for any monies received in connection with the Rental.

13. Cancellation due to Force Majeure

13.1 ATY shall not be liable for any delay or failure to perform any obligation hereunder if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes, natural disasters, fires, floods, storms, legislative or regulatory changes,  seizure of a Vessel under legal process, adverse weather conditions, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of ATY (including without limitation, Covid 19). ATY is hereby released by Users from any claim or demand for any direct or consequential damages arising out of failure to perform its obligations as a result of a force majeure event whether or not herein enumerated.

14. Availability of the Website and the Service

14.1 ATY undertakes to do its best to ensure that the Website and the Service are available 24/7 without any interruptions other than those required for corrective maintenance or upgrading work.

14.2 Notwithstanding, Users acknowledge and accept that:

(a) use of the Website and the Service is at the User’s sole risk and responsibility;

(b) the Service is provided on an "AS IS" and "IF AVAILABLE" basis and without warranty of any kind.

14.3 ATY does not guarantee Users that:

(a) the Website and the Service will operate uninterruptedly, securely or available at any particular time or place;

(b) any errors or defects will be corrected;

(c) the Service is free from viruses or other harmful components; or

14.4 ATY does not warrant Users that:

(a) Rentals will be available at advertised dates, times, locations, and/or prices, including pursuant to a Booking Confirmation E-mail;

(b) Vessels will be compliant with any legal or safety requirements;

(c) your use of the Service will meet your requirements or expectations;

(d) your use of the Service will be uninterrupted, timely, secure or free from error; or

(e) any information obtained by you as a result of your use of the Service will be accurate or reliable.

15. Limitation of liability

15.1 ATY reiterates that it is not a party to any Rental Contract entered into between you and a Boat Charter Company, and is in no event liable for:

(a) injuries to persons or damages to property which may occur during or related to a Rental, whether as a result of your negligence or negligence of a Boat Charter Company, or the safety of any Vessel or for any other reason; or

(b) any direct, indirect, incidental, consequential, special, exemplary, or punitive, damages arising out of the use, availability or unavailability of the Service and Website.

15.2 Subject to the liability exclusions stipulated in these Terms, if ATY is held liable, ATY’s entire aggregate liability under or arising out of these Terms shall be limited to the total amount received by ATY (disregarding any monies received by ATY that are passed to the Boat Charter Company) in connection with the provision of the Service. Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.

16. Exclusion of liability

16.1 ATY does not exclude or limit in any way its liability to Users where it would be unlawful to do so, which includes liability for:

(a) death or personal injury caused by our negligence; or

(b) fraud or fraudulent misrepresentation.

16.2 ATY is not responsible for any loss or damage that you suffer as a result of you breaching these Terms, or for any loss of profit, loss of business, or loss of business opportunity that Users may incur.

17. Indemnity

17.1 Users agree to indemnify, release, defend and hold harmless ATY from and against any claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal fees, arising out of or in any way connected with: (i) the access or use of the Website and the Service; (ii)  breach of these Terms; (iii) violation of any law or the rights of a third party; (iii) the User Content; (iv) the interaction with any User, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of a Vessel for Rental.

17.2 Users also acknowledge and agree that ATY has no obligation to mediate, resolve, or adjudicate disputes between a User and a Boat Charter Company except as expressly provided in these Terms.

18. Non-endorsement

18.1 ATY does not recommend one Vessel over another and does not provide advice to Users regarding which Vessel to select. All comments or reviews posted by Users on the Website do not represent the views of ATY in any way, and we do not endorse any of them (unless specific written statement to the contrary).

18.2 For the avoidance of doubt, where specs of a Vessel are included in a Listing (e.g being children or pet-friendly, or offering plenty of gadgets ranging from scuba diving equipment to jet skis), these are provided to Users for general information purpose only with no aim to interfere on Users’ decision on which Vessel to select. Users shall assess the suitability of Vessels at their own responsibility and risk.

19. Data protection

19.1 The use of all personal data you submit to us, whether via our Website or otherwise, or which we collect about you, is covered by our privacy policy available at Privacy Policy. You acknowledge that by using our Website and Service, you have reviewed our privacy policy.

20. Intellectual Property

20.1 The Website and the Service contain proprietary materials such as logos, text, software, photos, videos and graphics, which are all owned by ATY or its licensee, alongside all intellectual property rights therein, including without limitation, copyrights and trademarks.

20.2 You undertake not to infringe in any way the intellectual property rights held by ATY or any third-party (including any ATY’S licensees).

20.3 While you may make limited copies of documents related to your Booking Requests and Rentals, you agree not to and have no right to otherwise modify, copy, display, distribute, transmit, publish, sell, license and create derivative works from, transfer, or sell any information, software, content, products, or services obtained from or through the Website.

20.4 Subject to your compliance with these Terms, ATY grants you a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Website solely for your personal use. ATY may display advertisements or other content from third parties on the Website (e.g. banner advertisements, pop-up windows, and links to third party sites), in which case ATY is not responsible for the Content of such advertisements and Content, or for any products, services or other materials relating to such advertisements or Content.

21 Use of the Website

21.1 In addition to other Users’ obligations contained in these Terms, you further agree not to:

(a) use the Website or its Content for any commercial purpose without express authorization from ATY;

(b) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material,

(c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

(d) interfere with or disrupt the integrity or performance of the Services or the data contained therein;

(e) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

(f) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(g) "frame", "mirror" or otherwise incorporate any part of this Website into any other Website without our prior written authorization.

22. User Content

22.1 All User Content provided to the Website must be Users’ own Content and Users must possess all rights necessary to grant the rights to ATY to display, distribute, reproduce, create derivative works of, and otherwise use such User Content.

22.2 If Users do not have such rights to the Content or the properties, or a third party alleges Users do not have such rights, ATY may terminate or cancel Users’ account and otherwise prohibit Users from posting further Content or from using the Website and the Service.

23. Links to Third-Party Websites

23.1 Our Website may contain links to other sites and resources provided by third parties. Such links are provided for your information only, and should not be interpreted as approval by us of the products, services or material on those third-party sites and resources.

23.2 You access any third-party sites and resources at your own risk. We are not responsible in any way for them, and we will not have any liability as a result of your use of such third-party sites and resources. Your use of such sites and resources will not be governed by these Terms.

24. Modification to these Terms, the Services and Termination

24.1 ATY reserves the right, at its sole discretion, to modify the Website and the Service, or to modify these Terms  at any time and without prior notice. If ATY makes any such modifications, ATY will post the modification on the Website.

24.2 Changes to these Terms will become effective and will apply to you from the date ATY posts the updated Terms on the Website. Your continued use of the Website and the Service after any change has become effective will constitute your acceptance of any modification. Accordingly, you must periodically check the Terms available on the Website to ensure you understand how they apply to you at the time you use the Service. If you do not agree with any updated Terms,, you shall stop using the Website and the Service.

25. Contact Details

25.1 If you have any questions relating to these Terms or our Service, please contact us at support@alltimeyachting.com or use the Contact form below.

26. General

26.1 General compliance with laws. You shall comply with all applicable laws, statutes and regulations regarding your use of the Services.

26.2 Assignment.  We may transfer our rights and obligations under these Terms to another organisation without your consent (including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction). We will tell you if this happens and let you know how it might affect your rights under the Terms. You may not transfer any of your rights or obligations under these Terms unless we have agreed to this in writing.

26.3 Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

26.4 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

26.5 No relationship. No joint venture, partnership, agency or employment relationship exists between you and ATY, nor a Boat Charter Company and ATY, in connection with the performance of the Service.

26.6 Governing law and Jurisdiction. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by and construed in accordance with the law of England & Wales .You agree that the courts of England & Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms.

Questions?

If you have any questions relating to these Terms or our Service, please use this contact form:

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