Welcome to SailWithWind, a website owned by the company HEDEKO, razvoj informacijskih rešitev, d.o.o., Glavni trg 17, 2000 Maribor, Slovenia (hereinafter: SailWithWind, we, us or our).

These General Terms and Conditions of Business define the rules for using the website and regulate the legal relationship between HEDEKO d.o.o. and the users of the website (hereinafter referred to as the “user” or “you”).

By using our website or disclosing personal data, you:

1. Confirm that you have read and understood the terms of this agreement,
2. Accept and agree to comply with these terms, and
3. Commit to adhering to all applicable laws and regulations.

The user undertakes to use the website solely in accordance with these terms and applicable legislation. Any use for illegal, fraudulent, or otherwise harmful purposes is strictly prohibited. In particular, the user agrees to use the website and online store lawfully, which includes refraining from: submitting fraudulent subscriptions, and creating fraudulent accounts.

If HEDEKO d.o.o. determines that the order is fraudulent or otherwise irregular, it reserves the right to reject such an order and, if necessary, notify the competent authorities.

SailWithWind offers informational services, organization, and agency mediation for yacht charters and other related nautical services through its website. The user acknowledges that temporary unavailability of the website may result in limitations in using the services and agrees not to make compensation claims in such cases.

As a condition for using our website, you confirm that:

1. You are at least 18 years old, and
2. You have legal capacity (the recognized ability to enter into legal transactions).

SailWithWind reserves the right to deny access to the website or services to anyone if deemed necessary.

By accessing the SailWithWind website, you confirm that you agree to:

• The applicable General Terms and Conditions of Business, and
• The Privacy and Personal Data Protection Policy.

SailWithWind reserves the right to amend these terms, which become effective on the data of publication on the website. The user is obliged to regularly check for any changes and comply with them.

SailWithWind, through its website, provides a service that connects customers with boat providers (charter companies, marinas, individual boat owners, travel agencies, etc.; hereinafter: boat providers) for easier vessel rental. By renting through the SailWithWind website, you enter into a direct (legally binding) contractual relationship with the boat provider from whom you rent the boat. From the moment you rent the boat, we act solely as an intermediary between you and the boat provider, forwarding your rental details to the respective boat provider and sending you a confirmation email on behalf of the boat provider.

Boat providers are fully responsible for updating the rental price and other information displayed on our website. Although we will use reasonable efforts in performing our services, we will not verify whether all information is accurate, complete, or correct. We also cannot guarantee or be held responsible for any errors (including typographical errors), interruptions (whether due to temporary and/or partial website failure, repairs, upgrades, or maintenance, or other factors), or inaccurate, misleading, or false information. Each boat provider is responsible for the accuracy, completeness, correctness of the information, including rental prices displayed on our website.

Our services are available for personal and non-commercial use. Therefore, you are not permitted to use, copy, sell, display, or reproduce any content or information, products, or services available on our website for any commercial or competitive activity.

All prices, unless stated otherwise, are quoted on the SailWithWind website per vessel for the entire booking period, inclusive of VAT and all other taxes. Before finalizing the reservation, carefully review the details and rental conditions. Obvious errors and mistakes (including typographical errors) are not binding.

Our services are available to users free of charge, meaning we will not charge or add any additional commission to the boat rental price. Boat providers pay a service fee (percentage of the boat rental price) after the user has paid the rental price.

Users are obligated to review all listed costs before confirming a reservation. SailWithWind is not responsible for any additional costs or fees imposed by yacht providers after the reservation.

Based on the user’s inquiry (stated preferences), SailWithWind will provide a detailed offer and make an optional reservation for the suitable vessel. During the validity period of the offer, which is a maximum of 7 days, the user can decide to confirm the reservation.

To confirm the reservation and issue a pro forma invoice, the user must provide the following information:

• For individuals: full name, address, phone number, and email address;
• For legal entities: company name, registered office, tax identification number, phone number, and email address.

To confirm the reservation, the user must pay the advance specified in the proforma invoice and provide proof of payment. Upon receiving the receipt of the payment, the reservation is confirmed, and a contractual relationship is established. The remaining balance must be settled no later than 5 weeks before the date of chartering the vessel.

In the case of a Last-minute rental, i.e. in the period of 5 weeks or less before chartering the vessel, the charter procedure remains the same. An optional reservation is made, but the user must pay 100% of the amount specified in the proforma invoice and provide proof of payment. Upon receiving the receipt of the payment, the reservation is confirmed, and a contractual relationship is established.

SailWithWind issues an advance invoice for each payment made based on the proforma invoice.

After the reservation is confirmed, we send the user a contract for signature and a crew list form to be completed. The user must return the completed form to us. The crew list form must be returned at least one week before the rental date.

Once the full amount specified in the proforma invoice is paid, the user receives a voucher as a confirmation for the vessel handover, typically during the week preceding the rental. This voucher allows the user to take over the vessel from the charter company.

The final invoice is issued after the rental period has concluded.

By making a reservation, you agree to and accept the cancellation policy set by the boat provider, along with any additional terms and conditions of the provider that may apply to your rental.

Please note that the rental may be canceled, without prior notice, if the remaining rental balance is not paid by the due date in accordance with the rental payment terms. Delays in payment, incorrect bank details, invalid credit or debit card information, and insufficient funds are your responsibility. You are not entitled to a refund of the advance payment unless the boat provider explicitly agrees to it.

In the event that the user is unable to take over the vessel for any reason, he may, with the consent of the charter, find another person to take over their rights and obligations under the signed contract. If they are unable to find a replacement, the boat providers retain:

• 30% of the rental price if the provider finds a replacement renter for the canceled period;
• If no replacement is found, the provider retains the paid first installment (advance payment) for cancellations made up to 5 weeks prior to the rental start date, and the entire rental amount for cancellations made within 5 weeks or less before the rental start date.

The company HEDEKO, razvoj informacijskih rešitev, d.o.o. is the exclusive holder of all intellectual property rights related to the SailWithWind website, which includes: the entire conceptual design of the website, its content and layout, software, texts and graphic elements, selection and arrangement of elements, organization and compilation of content, magnetic translations and digital conversions, and all other elements related to the website.

All these components are protected under the applicable copyright laws of the Republic of Slovenia. Without the explicit written consent of HEDEKO d.o.o., it is prohibited to: copy content or materials, distribute content, and commercially exploit any part of the website.

Any unauthorized use of our intellectual property is strictly prohibited and will be subject to legal action.

You agree to provide accurate and truthful information when using our website. SailWithWind reserves the right to modify or remove any user-generated content that violates applicable laws, infringes on intellectual property rights, or is deemed harmful, offensive, or inappropriate.

SailWithWind does not guarantee the accuracy or truthfulness of user-generated content, nor are we responsible for any damages that may arise from reliance on such content.

By submitting a review, you agree that your opinion, along with the rating, may be published on our website under the relevant rental listing. The purpose of publishing reviews is to provide future users with credible information about the quality of services and yachts.

SailWithWind reserves the right to remove inappropriate or offensive reviews.

SailWithWind emphasizes that all information contained in advertisements, messages, texts, photographs, and other materials displayed on the website is the sole responsibility of the owner who posted such content. SailWithWind does not guarantee accuracy, completeness, or correctness of such materials.

Subject to the limitations set forth in these terms and to the extent permitted by law, we will only be liable for direct damages that you have actually suffered, paid, or incurred due to a failure to fulfill our obligations in connection with our services, and only up to the total amount of the cost of your reservation.

As a user of the website, you unconditionally declare that you will not hold SailWithWind or its sales agents liable for any compensation, including legal representation costs, arising from the use of the SailWithWind website, except in cases of intentional misconduct by the website owner.

SailWithWind is not liable for any potential losses suffered by the end user or partner relying on the information published on the website.

Any disputes arising between service users (partners or end users) of the SailWithWind website must be resolved exclusively and directly between the users of the service. The company Hedeko, razvoj informacijskih rešitev, d.o.o. is neither responsible nor liable for any damages resulting from such relationships.

SailWithWind respects and protects your privacy in accordance with applicable laws. For detailed information on how we collect, process, and protect your personal data, as well as our use of cookies, we invite you to read our Privacy Policy, which is available on our website.

SailWithWind reserves the right to modify and update the Terms of Service at any time at its sole discretion. You will be informed of any changes by the publication of the new Terms of Service on this page. The date of the last revision will be indicated at the top of this page.

Individual reservations are subject to the terms and conditions published on the day the reservation was submitted. Subsequent changes to the terms and conditions do not affect already confirmed reservations.

It is the user’s responsibility to regularly review any changes to these terms and conditions. By continuing to use the website after changes are published, the user is deemed to accept the revised terms.

SailWithWind implements appropriate technical and organizational measures to protect your personal data from loss, theft or misuse. We use standard security protocols to protect data during transmission and storage.

The use of the website is at the user’s own risk. All services and materials are provided “as is”, unless explicitly stated otherwise by SailWithWind.

To the fullest extent permitted by applicable law, SailWithWind is not liable for any indirect, incidental, special, or consequential damages, including but not limited to damages resulting from loss of business, loss of profits, loss of use, loss of data, legal expenses, or similar losses.

You agree to indemnify, demand, and hold SailWithWind harmless from any losses, costs, damages, and expenses, including attorney’s fees, arising from:

• Your use of the website,
• Services booked through this website,
• Any posting on the website,
• Activities related to your account,
• Your violation of the terms of this agreement.

You agree that we may communicate with you electronically, either via email or by posting notices on our website. All electronic communication is considered equivalent to written communication.

SailWithWind is not liable for delays or failure to fulfill obligations due to circumstances beyond our reasonable control, including natural disasters, wars, pandemics, strikes, power outages, or internet service disruptions.

If a court declares any part of these terms to be unlawful, the remainder of the text shall remain in effect. Each paragraph of these terms operates independently.

If we do not immediately enforce any right or provision of these Terms and Conditions, this does not mean we have waived that right or provision. Any waiver of rights must be explicit and in writing.

You may not transfer your rights or obligations under these Terms and Conditions without prior written consent. SailWithWind may transfer its rights and obligations under these Terms and Conditions to another legal entity, with notification provided to you.

These Terms and Conditions, together with the Privacy Policy, and any additional terms referenced herein, constitute the entire agreement between you and SailWithWind regarding the use of our services and supersede all prior or contemporaneous oral or written agreements.

These General Terms and Conditions are prepared in accordance with Slovenian law, which governs all legal relationships between users and HEDEKO d.o.o. The use of the website and the provision of services are entirely subject to the provisions of Slovenian law. These General Terms and Conditions, as well as the provision of services, are governed by Slovenian legislation. Any disputes arising from these General Terms and the provision of our services fall under the exclusive jurisdiction of the competent court in Slovenia.

Users agree to attempt to resolve disputes amicably before initiating legal proceedings. This includes first attempting a negotiated resolution, followed by mediation or arbitration. Only if these methods fail may users seek judicial remedies.

If a competent court or other authorized body finds any provision of these Terms invalid, this does not affect the validity and legality of the remaining provisions. In such a case, SailWithWind reserves the right to replace the invalid provision with a new one that aligns with the objectives of these Terms and applicable legislation.

SailWithWind is a trademark of the company HEDEKO, razvoj informacijskih rešitev, d.o.o., headquartered at Glavni trg 17, 2000 Maribor, Slovenia. The company is registered in the court register at the District Court in Maribor.

By accessing the website, it is assumed that each user has fully read, understood, and unconditionally agreed to these terms of use.