Terms of Service
Terms of Service
For your easier browsing of our Terms of Service, you can click on each headline of the sections below to expand the contents of the corresponding section.
VEO Capital Ltd.
263, Level 3, Triq ix-Xatt
GZR 1020, Gzira
1.0. General Terms
1.1. Ownership: This website, the content and infrastructure of these pages, and the online boat reservation and booking service provided through the platform (the “Services” or “Service”) are owned, operated and provided by Yachting.mt, a brand owned by VEO Capital Ltd. (“VEO Capital”, “Yachting.mt”, “us”, “we” or “our”) and are provided for your (“you”, “Client”, “Customer”) use, subject to the terms and conditions (“Terms”, “Terms of Service”, “Terms and Conditions”) set out below.
1.2. Legal authority: As a condition of your use of this platform, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to enter into a binding legal obligation. Yachting.mt reserves the right to deny access to anyone to this platform and to the services we offer.
1.3. Amendments: These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone.
1.4. Agreement: By accessing, browsing and using our website or any of our applications through whatever platform (collectively referred to as the “platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy and cookies policy).
1.5. Liability: Yachting.mt will not by reason of any representation, implied warranty, condition or other term, or any duty at law or under express terms of contracts or these Terms of Service, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Yachting.mt’s employees or agents or otherwise) which arise out of or in connection with the supply of any goods and Services.
All warranties, conditions and other terms implied by statute are, to the fullest extent permitted by law, excluded from the contracts. Yachting.mt shall not be liable to you or be deemed to be in breach of these Terms of Service by reason of any delay in performing, or any failure to perform, any of Yachting.mt’s obligations if the delay or failure was due to any cause beyond Yachting.mt’s reasonable control.
Yachting.mt shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Services.
1.6. Indemnification: You shall indemnify Yachting.mt against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by you, your agents or employees.
1.7. Intellectual property rights: Unless stated otherwise, the software required for our services or available at or used by our platform and the intellectual property rights (including the copyrights) of the contents and information on our platform are owned by Yachting.mt.
Yachting.mt exclusively retains ownership of all rights and interests and to (all intellectual property rights) (the look and feel of the website on which the service is made available (including translated content) and you are not entitled to copy, scrape, publish, promote, utilise, or otherwise use the content (including any translations and the reviews) or our brand without our written permission. Any unlawful use or behaviour will constitute a material infringement of our intellectual property rights.
Any likeness or image of you or your party aboard vessels secured during your charter may be used by Yachting.mt without charge in all media for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows, advertisements and the internet.
1.8. Force Majeure: Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, medical reasons, weather events, or any other event that is beyond the control of the Party in question.
1.9. Jurisdiction: To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Maltese law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Malta.
1.10. Confidentiality: Yachting.mt undertakes to keep confidential any information gathered during the creation of the User account. We undertake not to use any data obtained from you (the User) for purposes other than that of the Service, and in particular not to sell such data to third parties for commercial purposes, unless such use is required by law or by any administrative or judicial authority.
1.11. Suspension/termination: You acknowledge that Yachting.mt is entitled to suspend access to the Services or terminate its contractual relationship with you, or to delete any user account forthwith, by email and without further formality for any reason, and in particular:
- In the event of non-compliant or illegal use of the Service, in particular in the event of payment problems (including suspicions of money laundering),
- in the event of non-compliance with the Yachting.mt,
- in the event of cancellation of more than two bookings, except in cases of Force Majeure,
- in the event of particularly negative reviews by other users or the boat’s non-compliance with the listing,
- in the event of interruption of operation of the website and/or the Service.
You may terminate your user account at any time by contacting us. However, they undertake to maintain and carry out current or accepted bookings.
1.12. Miscellaneous: The original English language version of these terms and conditions may be translated into other languages. In the event of a dispute about the interpretation of these terms or discrepancy between the English language version and any other language version, the English language version shall apply, prevail and be conclusive. The English version is available on our website (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. 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.
1.13. Headings: Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms of Service or any other agreements.
2.0. Service Terms
2.1. Our Services: Through the platform, we (Yachting.mt and its affiliate partners) provide an online platform through which all types of boat operators (for example, charters, marinas, individual boat owners, travel agents, collectively the “Boat Provider(s)”), can advertise their boats for rent, and through which visitors to the platform can make such rental. By making a rental through Yachting.mt, you enter into a direct (legally binding) contractual relationship with Yachting.mt and the Boat Provider at which you rent a boat. From the point at which you make your rental, we act solely as an intermediary between you and the boat provider, transmitting the details of your rental to the relevant boat provider, facilitating the payment, confirming your booking, and sending you a confirmation email on behalf of the Boat Provider.
When offering our services, the information that we show is based on the information provided to us by the Boat Providers in writing. As such, the Boat Providers are fully responsible for updating us on the rental price, availability and other information which is displayed on our platform. Although we will use reasonable resources in performing our Services we cannot guarantee that all information is accurate, complete or correct, nor can we be held responsible for any errors (including typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our platform or otherwise), inaccurate, misleading or untrue information or nondelivery of information. Each Boat Provider remains responsible at all times for the accuracy, completeness and correctness of the information (including the rental price and availability) displayed on our platform.
2.2. Usage rights: Our services are made available for non-commercial use only. Therefore, you are not allowed to use, copy, sell, display, or reproduce any content or information, products or services available on our platform for any commercial or competitive activity.
2.3. Prices: All prices on the Yachting.mt platform are per boat for your entire reservation, excluding VAT and all other taxes, unless stated differently. Please check the rental details in the checkout thoroughly for any such conditions prior to making your reservation. Obvious errors and mistakes (including misprints) are not binding.
Our Services are paid through commission, individually agreed with each Boat Provider, which is already included in all prices and we will not charge you for our Service or add any additional commission to the boat rental price. Boat providers pay a service fee (small percentage of the boat rental price) to us after the booker has paid the rental price.
2.5. Payment: We ask you on behalf of the Boat Providers to pay the rental price (fully or partly) in advance to guarantee the rentals. Payment is safely processed from your credit/debit card or bank account to the bank account of Yachting.mt through a third party payment processor. Once your payment has been received, we will immediately inform the Boat Providers about your booking and try reserve your rental for your selected dates. Please check the rental details thoroughly for the payment conditions prior to making your rental.
2.6. Payment responsibility: Please note that all Services may be cancelled (without a prior notice) if the relevant (remaining) payment amount cannot be collected on the relevant payment date (latest 12 hours before using any Services) in accordance with the relevant payment policy of the rental. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are at your own responsibility and you shall not be entitled to any refund of the prepaid amount. If you wish to modify or cancel your previously paid or reserved Services, please contact us directly and follow the instructions from our staff.
2.7. Cancellation: By making a reservation on our platform you accept and agree to our cancellation policy. Please note that some Services are not eligible for cancellation or change. If you are not sure if your desired Service is eligible for cancellation or change, simply contact us directly for any such conditions prior to making your booking. We recommend that you read the cancellation and payment policy carefully prior to making your payment and remember to make further payments on time. For cancellation terms regarding charter, please check the charter terms.
2.8. Service changes: Depending on the weather and our Services, you can reschedule your booking or reservation for later available terms or to get a voucher for the amount you have already paid, assuming that the Yachting.mt staff agrees to this in writing. This voucher will be valid for your future reservation or booking with Yachting.mt within 6 months. Simply contact us and our Yachting.mt support team will help with all the necessary communication and facilitate the rescheduling of the booking or reservation. We can not accept money refund claims.
2.9. Correspondence: By completing a reservation or booking, you agree to receive an email which from us, giving you information on your requested Services 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 requested Services, and an email which we send to you after finishing your Services, inviting you to leave your review.
2.10. Reviews: Your review may be uploaded onto the charter listing’s page on our platform for the purpose of informing (future) bookers of your opinion of the quality. We reserve the right to adjust, refuse or remove reviews at our sole discretion.
2.11. Disclaimer: Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred 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 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 directors, employees, representatives, subsidiaries, affiliated companies, or others involved in managing the platform and its contents shall be liable for (i) any direct, indirect, consequential or punitive loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation (ii) any inaccuracy relating to the (descriptive) information (including rental price, availability) of the listings as made available on our platform, (iii) the services or products offered by the boat 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 platform, or (v) any injury, death, property damage, or other (direct, indirect, 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 service provider or any of our other business partners (including any of their employees, directors, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the platform, including any cancellation, overbooking, strike, force majeure or any other event beyond our control.
3.0. Charter Terms
3.1. Charter agreement: These Terms and Conditions contain the entire agreement between Yachting.mt and the individual(s) intending to rent/charter the vessel (“Charterer”), from the vessel owner(s) (“Boat Providers”), facilitated by Yachting.mt, (collectively “the parties”), with respect to the rights and responsibilities of all parties. Notwithstanding the above, the parties, the vessel, the period and the price are stipulated in the checkout on the payment page or in the invoice provided separately. By paying the booking fee or a deposit on the proposed charter, the Charterer agrees to the conditions contained herein.
3.2. Clarification: All reference to “Charterer” shall include all passengers, including minors, who shall accompany the individual entering into this agreement. The number of passengers shall be provided prior to booking, and a full Passenger List shall be provided at Embarkation.
3.3. Charter payment schedules: Normally, the full price of a booking is paid in advance during the online booking process. However, if agreed in writing with Yachting.mt Staff, a payment schedule can be allowed:
- Initial Deposit: 50% of the charter fee, which confirms the booking.
- Remaining 50% of the charter fee required to arrive in Yachting.mt’s bank accounts at least 12 hours before embarkation.
The Charterer shall be permitted to board and embark on the scheduled charter only under the condition that full payment of any balance due from Charterer has been received in Yachting.mt’s accounts at least 12 hours before embarkation.
3.4. Charter expectations: Expectations can differ from reality. In order to provide you with high-quality Services that meet your expecations, we are committed to full transparency. Should you have any additional questions, simply get in touch with us, we and are happy to assist you.
- A bathroom is often composed of a sink and a mechanical or electric toilet. In some cases, there can also be an indoor a shower, depending on a boat.
- The charter fee does not include food and drinks, unless expressly stated otherwise.
- The day of departure and return are included in the duration of the trip provided in the quote by Yachting.mt. The first and last days of the charter are typically shorter than a full day and no refunds will be provided.
- The charter fee includes cruising taxes, and all expenses related to the running of the vessel (up to a distance as previously agreed in writing), and cleaning of the vessel (but you are required to clean unreasonable spillages/dirt yourself and to remove your own trash).
- The charter fee does not include the rental of sports equipment not inventoried by the vessel, off-vessel excursions or meals and drinks, access to WIFI or phone services, nor does it include optional crew gratuities.
- The charter fee does not provide games, media or other entertainment devices.
- Baggage is limited to bags or suitcases that can be stowed in the cabins. No additional storage space is offered.
- If the Vessel has air conditioning installed, the standard hours of operation for air conditioning aboard is from 8 am to 10 pm. Air conditioning is not operated outside of these hours as standard to keep generator and associated noise to a minimum. The generator and air conditioning can be run outside of these hours only with the written consent of all passengers and staff on board. By agreeing to the use of air conditioning outside of these hours you are waiving all rights to any claim as a result of noise on board associated with the air conditioning and generator during the night.
- We cannot guarantee the comfort of the passengers in case of bad weather conditions. The Skipper/Captain may have to modify the circuit in order to avoid as much as possible sailing in notorious discomfort conditions.
3.5. Add-on options: We offer add-on options for almost all vessels. Food and beverage options can vary by vessel and destination. Please confirm the terms with Yachting.mt prior to your booking. You can find an overview of our food and beverage options here. Charterers are able to add on airport or other taxi transfers for an additional fee. Contact us for more information.
3.6. Warranties and procedures: Yachting.mt’s Boat Providers represent, warrant, and covenant that, at embarkation, the chartered vessel will comply with all applicable laws and regulations of the vessel’s flag state and any country within the cruising area, including, without limitation, any laws and regulations governing charters and any documentation, registration, or customs laws or regulations, such that the vessel may lawfully be used by the Charterer as provided hereunder. Yachting.mt agrees to deliver to Charterer a boat in good working order. Yachting.mt reserves the right, in its sole and absolute discretion, to assign a different vessel for the charter of similar size and comfort, with the same or similar amenities and services. Should any excursions or other add-on services offered by Yachting.mt be unavailable at the time of the Charter, we will endeavor to provide replacement or other add-on services for no extra cost to the Charterer. Should we be unable to provide replacement services we shall refund the Charterer the full value of the unavailable add-on services which were paid. This provision does not include the unavailability of the charter itself.
3.7. Responsibilities of Charterer: Immediately at check-in, the Charterer will check that accommodation and equipment is in good working order and up to minimum standards. At this time, Charterer can note with Yachting.mt anything it believes contrary or below the standards as set forth in the invoice. Acceptance by the Charterer certifies that the obligations of Yachting.mt for embarkation have been fulfilled.
The Charterer is solely responsible for all personal items, tangible and intangible, brought on board the vessel. Charterer must be very vigilant with electronic devices when they board a Vessel. Yachting.mt advises against bringing valuables or large sums of cash and declines any responsibility in case of theft, damage or loss.
Charterer agrees to be responsible for all crew and passengers on under their reservation as the party lead on board and binds crew and passengers to the terms provided herein. If children are taken on board, the Charterer shall be fully responsible for their safety, conduct and entertainment and no member of the crew shall be held responsible for their safety or entertainment.
Charterer shall inform Yachting.mt at least two weeks prior to Embarkation of any food allergies or dietary requirements and Yachting.mt will do its best to accommodate the request.
The Charterer agrees to prohibit the use or possession of any drugs or illegal substances on board the Vessel by any members of his party and will be fully responsible for any loss or damage to the vessel due to any violation of Customs or applicable Drug Acts. If such substances are used by or found in possession of guests, the Captain will put the guests ashore at the next port of call without refund of any charter fees.
Charterer agrees to carry only up to the number of passengers required by security rules of the boat.
3.8. Rights and responsibilities of Captain and Crew: The Captain has the final authority to determine whether any guests above the number of guests previously identified should be permitted on board for any length of time. Without prejudice to any other remedy of Yachting.mt, if, in the reasonable opinion of the Captain, the Charterer or any of his guests fail to observe any of the provisions contained herein and if such failure continues after the Captain has given due and specific warning to the Charterer in respect of the same, the Captain shall inform the Yachting.mt and we may terminate the charter forthwith or instruct the Captain to return the vessel to the port and upon such return the charter period shall be terminated. The Charterer and his guests shall disembark and the Charterer shall not be entitled to be refunded any of the charter fee.
With particular regard to the use of watersports equipment available on the vessel, the Captain shall have the authority to exclude the Charterer or any or all of his guests from use of any particular watersports equipment if, in his reasonable opinion, they are not competent, are unsafe, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment.
The Captain will refuse to ship Passengers who do not comply with the regulations of the countries concerned, persons whose disability was not reported at the time of booking, or any passenger refusing to sign the safety instructions.
The Captain will disembark any passenger whose behavior could endanger or seriously inconvenience other passengers, crew members or the ship or whose state of health would appear to be incompatible with the cruise. The fact of not having detected a possible incompatibility of health does not imply recognition of its acceptance.
Boat Providers shall provide insurance to cover the chartered boat against loss or damage to the hull, machinery, gear and equipment of the yacht, liabilities to third parties for loss or damage to any other vessel or property whatsoever, loss of life or personal injury. Personal belongings are not covered by the insurance above contract. Charterers are encouraged to obtain trip insurance to cover any losses you may sustain if you must cancel your charter prior to your departure or to cover losses not otherwise covered by the above insurance.
3.9. Charter cancellation: If Charterer cancels the contract:
- more than 90 days prior to original embarkation date, Charterer will lose 25% of the total charter fee. The remainder of the fee will be returned within 30 days of notice of cancellation;
- between 89 to 60 days before original embarkation date, Charterer will lose 50% of the total charter fee. The remainder of the fee will be returned within 30 days of notice of cancellation;
- between 59 to 30 days before original Embarkation date, Charterer will lose 75% of the total charter fee. The remainder of the fee will be returned within 30 days of notice of cancellation;
- less than 30 days before original Embarkation date, Charterer will lose 100% of the total charter fee.
If Charterer has already paid for add-on options, Yachting.mt will reimburse Charterer for these expenses. If Charterer is not present at the time of embarkation, even if the no-show is caused by flight or other transfer delays, this will be treated as a cancellation of reservation less than 30 days before departure and Charterer will lose its entire charter fee. If the Charterer is delayed due to a Yachting.mt transfer, this provision is waived and Yachting.mt will make all available efforts to get Charterer on board the Vessel in a timely manner.
3.10. Force Majeure: Yachting.mt shall not be liable for any loss, damages or delay or failure in performance hereunder resulting from any force majeure event (see General Terms), and any other cause beyond the reasonable control of Yachting.mt which makes continuance of operations impossible. In the event of a delay or failure of performance based upon an event described above:
- All payments made towards the charter shall be used as a credit for a future charter.
- No refunds will be provided.
- Yachting.mt will work with Charterer to book a new charter on a different vessel agreeable to Charterer, at a new location, or on new dates, or both, based upon availability and the Charterer’s preference.
- If the parties cannot book a new charter at that time, Charterer’s deposit will remain as a credit with Yachting.mt and will not expire for 24 months.
Yachting.mt will not be responsible for additional costs incurred by Charterer as a result of changes to their charter due to a force majeure event.
3.11. Additional delays: If on departure date, the chartered vessel or equivalent is not available for reason other than a Force Majeure event, Charterer has the right to the following options, if possible:
- When available, delay the departure date and maintain charter duration;
- Maintain charter end date in invoice and Charterer will be refunded for time the Vessel was unavailable on a prorated basis of charter fee.
If delay exceeds one quarter of the charter time, Charterer may cancel the agreement with Yachting.mt and be refund for the charter fee.
The Charterer waives any and all claims, damages, debts, liabilities, demands, costs, expenses, interest, suits and/or attorneys’ fees as result of a delay in the charter. Any interrupted or shortened charter, any service not used by Charterer, for any reason, is not refundable.
4.0. Brokerage Terms
4.1. Broker agreement: The vessel owners who want to list their vessel for sale (“Owner” or “Seller”) with Yachting.mt (“Broker”) agree to instruct the Broker to act in accordance with the declaration of this agreement and provide the Broker with the fullest possible particulars of the vessel and to indemnify the Broker should such information, as provided by the Owner, be subsequently found incorrect by a purchaser (“Buyer”) or interest parties.
The word “Owner” or “Seller” shall include joint owners and any person acting with the written authority of the owner or part owners of a vessel giving instructions for sale and the word “Broker” shall include any person or firm with which the Broker may share his instructions.
4.2. Definition of Sole or Central Agent: Sole Agent, sometimes referred to as Central Agent, is a Broker who has exclusive instructions to sell the vessel and the owner cannot reserve the right to sell privately unless he pays the Broker the appropriate commission. Such agency is granted for a minimum period of 3 months unless otherwise agreed upon in writing. The Owner agrees to advise the Broker of any changes in the asking price, location, or inventory of the vessel and agrees that should other Brokers or sales outlets get instructed during the previously mentioned 3-months Sole Agent period, the asking shall be the same and commission at 8% if the Broker was still Sole Agent.
4.3. Documentation: The Seller agrees to sign a contract under the standard terms as supplied by the Broker, provided that the inserted terms and conditions are in accordance with previously agreed terms and conditions agreed in writing to the Broker. To provide all documents as requested in accordance with the Brokers normal procedure for completing the sale of the vessel including proof of ownership, title documents, Bill-of-Sale, Registration Certificates (official or otherwise), and such other information as may appertain to the vessel and be useful to the purchase, i.e. licensing, life raft certificate, etc.
4.4. Brokerage commission. A commission of 5% shall become payable within 14 days upon the introduction of a willing purchaser at a price agreed verbally or otherwise and in accordance with the Broker’s stated charges within this agreement. The Broker shall be entitled to half commission on the agreed selling price of a vessel if
- the Buyer defaults after the agreement and his deposit is forfeit, or
- where a sale is terminated after survey and the purchase has not rejected the vessel but the Owner is unwilling to make allowances for material defect (unless such unwillingness has previously been stated in writing).
On completion, the Broker shall be entitled to deduct commission and VAT thereon from the proceeds of the sale. When the Broker is entitled to half commission, the Broker may deduct commission and VAT thereon from a deposit forfeited by the purchase or payment shall be made within 14 days of the invoice date.
4.5. Payment facilitation: In cases where the Broker facilitates the payment, the Broker shall account to the Owner the proceeds of sale together with a statement of deductions including payments to third parties and a receipted invoice for the commission element when deducted, within 14 days of the purchaser’s final payment cleared to the Brokers account, provided that the Owner has supplied to the Broker all relevant documentation, inventory and all keys and purchasers entitlements in accordance with the published and agreed specification to conclude the transaction.
4.6. Insurance: The Owner confirms that the vessel is insured and will remain insured until acceptance by the purchaser and such insurance shall cover all viewing and sale arrangements including slipping for a survey, and sea trials (whether undertaken by the Owners/Broker or other agreed persons and third-party indemnities).
4.7. Brokerage agreement period: The period of this agreement shall continue until the vessel is sold or upon the giving 14 days’ notice in writing by either party without prejudice to the subsisting rights of this agreement.
4.8. Termination: This agreement shall terminate if either party goes bankrupt or enters into liquidation whether compulsory or voluntary or compounds with his/its creditors or takes or suffers any similar action in consequence of debt.
Either party may terminate this agreement by giving 30 days’ notice in writing to the other if the other party commits a breach of any term of this agreement.
4.9. Additional fees: The Owner declares that his vessel is offered free of all import duties and other fees in respect of which the Owner agrees to indemnify the Broker.
4.10. Jurisdiction: All brokerage services shall be construed according to and governed by the law of Malta and the parties hereby submit to the jurisdiction of the Courts of Malta.
4.11. Notice: Subject to express agreement to the contrary, all written instructions accepted on the understanding that the foregoing terms of business shall apply to each and every transaction and all notices to be served on the Owner shall be sufficiently served by email to the Owner’s last known email address.
5.0. Virtual Agent Terms
5.1. General: As an authorized Virtual Agent (“Affiliate”, “Virtual Agent”) of Yachting.mt, you agree to abide by the Terms and Conditions mentioned on this web page. Please read the entire terms carefully before registering and promoting Yachting.mt as a Virtual Agent.
By signing up for the Yachting.mt Virtual Agent Affiliate Program (“Program”), you indicate your acceptance of this Agreement and its terms and conditions.
5.2. Approval or rejection: We reserve the right to approve or reject any Virtual Agent Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Virtual Agent Program Application.
5.3. Commissions: Commissions will be paid once a month. For a Virtual Agent to receive a commission, the referred account must remain active for a minimum of 30 days.
You cannot refer yourself, and you will not receive a commission on your own accounts.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
5.4. Termination: Your Virtual Agent application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Violation of intellectual property rights.
- Self-referrals, fraudulent transactions, suspected Affiliate fraud.
- Lack of communication with the Yachting.mt team.
In addition to the foregoing, Yachting.mt reserves the right to terminate any Virtual Agent account at any time, for any violations of these Terms and Conditions or no reason.
5.5. Affiliate links: You may use graphic and text links both on your website, on social media, and within your email or direct messages. You may also advertise the Yachting.mt Services in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us and not in violation of our brand identity.
5.6. Coupons: Yachting.mt occasionally offers coupons to select Virtual Agents and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon.
5.7. Pay Per Click (PPC) policy: PPC bidding is not allowed without prior written permission.
5.8. Liability: Yachting.mt will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the Services sold by Yachting.mt. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
5.9. Modifications: The terms and conditions may be modified by us at any time. If any modification to the terms and conditions are unacceptable to you, your only choice is to terminate your Virtual Agent account. Your continuing participation in the Program will constitute your acceptance of any change.
5.10. Indemnification: Virtual Agents shall indemnify and hold harmless Yachting.mt and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Yachting.mt to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with these Terms of Service due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Virtual Agents.
5.11. Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Malta. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the courts of Malta.
6.0. Contests & Sweepstakes Terms
5.1. Disclaimer: No purchase or payment of any kind is necessary to enter or win any of our contests, giveaways, or sweepstakes (“Sweepstakes”). A purchase will not improve your chances of winning.
You understand that you are providing information to Yachting.mt. Any questions, comments, or complaints regarding the Sweepstakes must be directed to us, and not to the platform on which we advertise.
5.2. Entry period: All Sweepstakes start at 9:00 AM on the date indicated in each advert and end 30 days later at 11:59 PM CET (the “Entry Period”). The Sweepstakes shall be subject to these official rules, and by entering, all participants agree to be bound by the Terms and Conditions herein. Certain restrictions may apply.
5.3. Entry explanation: In order to enter our Sweepstakes, simply follow the instructions in the advert, e.g.
- and follow yachting.mt on the relevant platform (e.g. on Facebook),
- like the Sweepstakes post, and
- tag at least 3 friends in a comment
for a chance to win. Each action represents one (1) entry during our Sweepstakes. All entries on the site must be received by the respective deadline. The use of any device to automate the entry process is prohibited.
5.4. Sponsor: The sponsor of the Sweepstakes is Yachting.mt (the “Sponsor”).
5.5. Eligibility: All our Sweepstakes are open to legal residents of Malta, 18 years of age or older as of the date of entry and who meet the eligibility requirements. The officers, directors, employees, contractors, and agents of the Sponsor and its advertising and promotion agencies (collectively “Promotion Entities”) and the immediate families and those living in the same household of any of the above, are not eligible. All local rules and regulations apply. Void where prohibited or restricted by law.
5.6. Prize(s): Prizes are described in the promotional ads. The maximum retail value of all prizes to be awarded can be €250. The odds of winning a prize are determined by the total number of eligible entries received. All prizes are awarded “as is” with no guarantee, either express or implied. If by reason of a printing, typographical, administrative, or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. The prize will be shipped to the winner at the expense of the Sponsor.
5.7. Winner selection: One (1) winner will be selected by random drawing on or about the day the Sweepstakes Entry Period ends, and will be notified via social media direct message or email within 7 days(s) of this date. The winner has two months to claim the prize. Failure to respond to notifications, return all required forms within 30 days or comply with any other provision may result in the winner being disqualified and an alternate winner selected. If a prize notification or a prize is returned as undeliverable for any reason, the applicable prize will be awarded to an alternate winner. Prizes are not transferable, assignable, or redeemable for cash. All decisions are final. All local tax liabilities are the responsibility of the winners.
5.8. General rules: Entrants release and waive any claims they may have against Yachting.mt for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney’s fees) resulting from the acceptance, use, or misuse of any prize or parts thereof, or participation in this Sweepstakes.
If for any reason, this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof.
In the event this Sweepstakes is canceled, the Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect online entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted in the respective promotion or in other locations.
Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the name appearing on the entry. Yachting.mt and each of their respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of their officers, directors, shareholders, employees, and agents are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects.
Incomplete entries will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned.
False, fraudulent or deceptive entries or acts shall render entrants ineligible. By entering the Sweepstakes, entrants affirm that they have read and accepted these official rules.
5.9. Jurisdiction: The Sweepstakes shall be governed by and construed in accordance with the laws of Malta. By entering the Sweepstakes, entrants hereby submit to the jurisdiction and venue of the courts of Malta and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.