TERMS OF USE AND SERVICES

1. Company

1.1 Diamond Yachting is a company that deals with recreational boat rental services based in Thessaloniki, L. Nikis 1 street with an ID number 105717680 at A DOY Thessaloniki. It is registered with the Chamber of Commerce of Greece under the number GEMH 142426104000 and is registered in the register of tourism enterprises of the Greek National Tourism Organization under number 0933E63000175801.

1.2 The company with the distinctive title Diamond Yachting created an on-line AIES platform with an automated electronic booking management system with pioneering procedures and clear terms to the public. Through its website it aims to provide visitors and members with information on maritime tourist destinations as well as the possibility of renting professional recreational craft.

 2. Parties involved

2.1 Diamond Yachting charter company does not have its own vessels nor does it mediate the rental of boats. The site's purpose is to provide tourist brokerage services through online bookings and the collection and return of the rental price to the ship owner. The goal of the website is first to serve and customer's interests by creating parameters on the platform for easy browsing and quick booking. The company's liability is limited to contacting the customer with the ship owner who, as the ultimate provider, is solely responsible for the services it provides. 

2.2 The user is the natural or legal person who uses the site to search for tourist information and a boat rental offers. The user after the search chooses the boat to register on the platform and makes a direct online booking by creating a contract directly with the final provider who is the owner. 

2.3 Ship owner means any natural or legal person, ship owner, owner of a vessel, boatmaster or captain or person authorized by them, who advertise and display their vessels through the website. The ship owner is given access to the platform to register and manage his vessels. The ship owner is the ultimate recipient of the charter service. 

 3. Contract Services 

3.1 The user completing a booking through the website, signs a direct contract in accordance with the terms and conditions agreed with the ship's owner. This lease of the vessel is agreed between the customer and the ship owner. Diamond Yachting is not a party, does not intervene in the hiring agreement, is not responsible for these services and therefore has no obligation to reply or apologize to the lessee in the event that the ship owner fails or fails to perform the contract. Diamond Yachting will handle the reservation by sending the ship owner the details with the wishes of the lessee, paying the fares and at the same time charging the customer with the rental cost and sending him the acceptance of the ship owner's reservation. 

3.2 Ship owners have full responsibility for the performance of the contract, the accuracy of the service registration, the availability update, the correct rental price and prices, and any other information they enter on the website. Ship owners entrust Diamond Yachting with the advance payment and payment of the fares by the customers as well as their payment due to the detention obligation. Other services and optional services other than the fare will be charged by the ship owners at check-in directly to tenants. 

3.3 The hirer expressly accepts the Limitation of Liability of Diamond Yachting, which is solely responsible for managing the reservation and paying the rental price to the ship owner, subject to the cancellation terms in accordance with the applicable cancellation policy. In addition to this process, the company is relieved of any other liability.

 4. Detention procedures

4.1 In each case, instructions are given for the booking procedure. The user connects to the site receives destination information and accepts promotions of advertised yacht displayed by the ship owners.

4.2 Selects the yachts of their choice by searching either through destinations or through the yachts themselves. Sets trip dates checks parameters through the filters and transfers them to their respective yachts. It selects a yacht and reads at the same time the characteristics, specifications and information of the ship owner.

4.3 Checks if he wishes to have extra facilities or a captain and is transferred to the availability form. By choosing the free travel dates, the program will automatically recognize the discounts provided and will show the final rental rate based on the benefits it has selected. Fill in the availability form with the required fields, send a shipment to the owner and wait for a response.

4.4 In order to request availability, the customer must first accept the terms of use of the website, reservation information which is an integral part of these terms and conditions and any other information of the website by checking the corresponding field.

4.5 At the same time as the request is received, it receives in its email a form with the request submitted for reservation, the vessel's information, the reservation and the prices according to the benefits it has chosen. Sending the request is not a bid, because the program automatically returns the price but confirms the ship's disposal of the vessel for anomalies in the online system and immediate booking.

4.6 If the owner confirms availability and accepts the request, the customer receives a new approval email where the payment link is available. By selecting the payment link, it is transferred to a secure payment environment in the Diamond Yachting system, where it charges its account with an advance or repayment depending on the time of booking.

4.7 After the payment, an email the proof of detention is sent along with the ship's documents including the charter of the ship owner who is here posted to read the terms of the lease. The customer with the booking expressly accepts the ship owner's terms of charter. The final post payer will draw up the boat rental agreement in accordance with the terms of the chartering start.

4.8 It is necessary for the customer first to register and create an account on the website, but if this is not done then he / she will receive an email along with the proof of detention and one Input password. The system at the same time with the payment will automatically create its account in which by entering can edit the profile to see favorites and bookings. In the event of a new reservation on vessels of the same ship owner, the program will recognize the old customer by automatically granting the discount to a recurring customer if such a discount is provided by that ship owner. It is a prerequisite for the customer to first enter his account and then send the request by email from the same account.

 5. Pricing and payment

5.1 Diamond Yachting does not charge the user for information and services offered. It does not increase the rental price and provides the booking process to the user for free. The intermediary company will collect the cost of the reservation from the customer and will forward it to the ship owner in accordance with the terms and arrangements accepted by the charter operator.

5.2 Reservation means acceptance of the chartering terms provided by the ship owner and the payment of the agreed amount of the lease according to the terms of the booking by the customer. You start the booking by paying a single installment from the customer after the lease has been approved by the ship owner. This payment is made immediately when the customer receives the email with the approval and in case of delay the payment deadline is strictly within 24 hours. Otherwise the system will recognize it as unannounced will cancel it and send the cancellation to the parties by email. In this case, a new booking process should be repeated.

5.3 Fares are paid in two installments when booked more than 30 days. The deposit on the part of the customer is paid by reservation and payment 30 days before check-in. For bookings made less than 30 days prior to check-in, the customer pays the full amount of the charter without any down payment. Prices displayed on the website include VAT unless the ship owner specifies otherwise. The customer has the responsibility and has to pay his fares within the specified dates by observing the payment deadlines listed and posted on the website otherwise the ship owners will have the right to automatically terminate the contract and cancel the reservation.

5.4 Fare payments for booking a boat are made on the website with an online payment system and the appropriate payment methods are Visa, Diners, Mastercard, American Express, Maestro, Viva, Discover, Pci, Thawte, Pay Pal or any other card. Diamond Yachting also accepts payment via bank transfer to the platform or cash in agreement with the customer.

5.5 Recognizing the importance of online transaction security, the company operates in accordance with the Payment Cart Industry (PCI) security compliance standards, does not process or store payment card details, leading customers to secure payment pages. The enforced security policy implemented through viva is evaluated by continuous audits by a certified auditor, implemented in collaboration with Thawte, a company that specializes in transaction security and uses the EV SSL-128bit encryption protocol, ensuring the confidentiality of data transfer using Two-Factor Strong Customer Authentication (“2FA SCA”), which ensures strong customer authentication through two of the three suggested factors.

5.6 All services are invoiced in euro. Payments made in pounds or dollars or other currency, either by deposit or by debit or credit card, should be as accurate as possible using the current exchange rate at the time of payment, because the final price will be calculated according to with it on the day of the transaction. Particular attention should also be paid to bank or currency conversion costs from another currency. The company will be free of such costs in all cases of collection and payment.

 6. Cancellation of the reservation

6.1 Before check-in the user can cancel the reservation at any time. Cancellation is made by the user by entering his account through which he chooses his bookings and checks the cancellation. The system will automatically notify the recipients of the company who will confirm the cancellation and proceed according to the cancellation time to further actions. Confirmation informs all parties at the same time that the cancellation will come into effect from the final charter provider.

6.2 Money back guarantee. After payment Diamond Yachting offers a full refund of the money collected if the customer requests a cancellation within 24 hours of the start of the booking.

6.3 After the end of 24 hours, the cancellation policy of each charter body will apply. Diamond Yachting will retain its commission and reimburse the owner for the charter price. Therefore the boat owner is also liable to the customer in case of any refund. We recommend that you carefully read the owner's cancellation policy which will apply after 24 hours of booking. By canceling the booking for any reason whether by the owner or by you, you acknowledge that you have read and agree to the cancellation policy and terms set out in the charter agreement. In the event that the shipowner has demonstrably not uploaded this contract to the vessel information so that the terms are available, or has failed to ensure that the terms are sent to the customer, or if the cancellation policy is not described in its terms, then if the customer requests the cancellation agrees to bear the cancellation costs as set forth, unless otherwise agreed.

* Cancellation of the reservation of 31 days or more from check-in will be withholding 50% of the total fare

* Cancellation of the booking less than 30 days prior to check-in will have 100% deduction of the total fare

In any event of cancellation, Diamond Yachting is exempt from bank charges.

 7. Mutual responsibilities and obligations

7.1 The user accepts all responsibilities in case of different use of the website and the services we provide. In the event of registration on our site, you can delete ourselves from the list at any time. Once the reviews have been made, the criticism and evaluation you will record for the captain and the trip should be as accurate as possible, as these will be useful to improve service and upgrading boating benefits, helping future visitors make right booking options. By uploading a review and rating for the company, the user receives a discount coupon of up to 10% for the next booking. The percentage of the discount is given by the company and is proportional to the discount or offer that already exists on the boat.

7.2 We make it possible to ensure that the information provided on our website is accurate and does not mislead any, however the details of the vessels may change without notice from the ship owners. We accept the information provided by ship owners for their vessels accessing our system without the obligation to control this information on our behalf. They also have sole responsibility for the renewal of prices, availability and other boat information so that they appear correctly at the time of requesting availability on our platform. We disclaim any responsibility for any such uncertainty about the information, pricing, availability and evaluation of the vessel charter body. 

7.3 Ship owners are responsible for the photos displayed on our site by displaying the vessels. They will have to replace them from time to time if, due to renovation, decoration and equipment inside and out may have changed since they were taken so they are not considered to describe the boat.

7.4 The destinations or areas contained on our website describe points of interest and historicality with maps and help in planning the holiday of the client and are not part of a contract with the confirmation and acceptance of the reservation. 

7.5 Under no circumstances and to the extent permitted by law, Diamond Yachting, as a non-contracting party, will not be liable for loss of profit, loss of money, compensation for loss or damage caused by breach of contract, loss or non-performance of the contract, loss of revenue, or for any damages from lost profits, goodwill and losses due to any delay or cancellation of total or partial overbooking , false statements, or any other event beyond our control, the objective responsibility attributable to the final charter provider and its employees as well as to the products and services provided to the vessels.

7.6 Diamond Yachting disclaims any liability for any loss or damage including, without limitation, indirect or consequential loss or damage, personal injury, property damage, death or any loss or any consideration paid or suffered by the customer or any criminal claim or damage resulting from loss of data or profits in connection with the use of our website.

7.7 Diamond Yachting not involved in a contract between a customer and a ship owner shall not be liable for any kind of delay in delivery and receipt of the vessel, damage or effects of force majeure and strike.

7.8 Diamond Yachting is under no circumstances responsible or obligated to compensate the ship owner and the crew if the customer or passenger commits an offense on board during the voyage that will result in the detention of the vessel or any of its members crew, seizure, fines and imprisonment, for any damages or losses occurring.

 8. Jurisdiction 

8.1 Both the customer and the passengers may send any complaint in writing with a receipt to Diamond Yachting which should include details of the complaint with the exact date and time in order to do our best to resolve any problem has arisen and concerns a reservation and payment in which the company is involved.

8.2 The company ensures the availability of the site and its services for visitors, but availability can be affected by their equipment, communications networks or other causes. For upgrading maintenance purposes or for any other reason, Diamond Yachting has the right at any time, without notice, to temporarily discontinue the operation of all or part of the content of the services offered. The Company is not responsible for any loss or damage directly and indirectly caused by the visitor for any inability to access it in whole or in part, the delay or poor quality of the information received and the existence of any kind of error.

8.3 Modification of the booking conditions published on our website may be made at any time. The amendment is valid by posting them on the Diamond Yachting website which reserves the right to publish at any time the amendments that replace all previous agreements and agreements.

8.4 All terms of the platform regarding terms of use, detention, information and conditions of privacy policy have power in Greek and simple meaning is reflected in other languages. The term is material, and if someone is found to be abusive, invalid, unenforceable, non-binding, it automatically ceases to be valid without affecting the validity of the others while users and members are still bound by all other provisions and conditions. Any dispute or claim arising out of the contract, its terms, its validity, its interpretation, and the operation of the website for its resolution will be the courts of Thessaloniki, and applicable law will be Greek law.

8.5 The management and protection of the user's personal data (privacy policy) on the website is governed by applicable national and Community legislation and Laws 2472/1997 and 3471/2006 and EU GDPR 679/2016 as they apply and appear in privacy policy. These data are never disclosed to third parties, except as provided by law and intended for our affiliates for the purpose of providing services and improving the services provided to the user of our website.

8.6 In any case of inconsistent or different use with the present terms of the website, users are required to compensate its managers for any damage they will incur, as well as all the costs they will incur in claiming the indemnity. Failure to exercise this right by its managers does not entail a waiver of the claim. In the event of any claim or claim arising out of any form of violation of the user, he shall indemnify the company in the event that he is compelled to pay compensation or other expense, while reserving the right to exercise any right.

8.7 The entire content of this site belongs to the Diamond Yachting Company, which is legally active and is the subject of intellectual property and is governed by the relevant European and international intellectual property laws. Any copy, reproduction, exploitation and transfer of this content, or any portion thereof, from any website, social media and websites is prohibited. The trademark name and trademarks that appear on the site belong exclusively to Diamond Yachting are approved by the Ministry of Greek Tourism and their use is forbidden without the written consent of the administrator.

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