§1. Definitions
Administrator – with.pro Sp. z o.o., with its registered office in Olsztyn, ul. Stalowa 7,
10-420 Olsztyn, registered with the District Court in Olsztyn, 8th Commercial Division of the National Court Register; KRS: 0001211035 NIP: 7394025970 REGON: 543481826
Day – means a consecutive period of 24 hours.
Guest – a natural person, a legal person or an organisational unit without legal personality, to which the law grants legal capacity, using the Website but not having an Account or not logged in to it.
Comment – a written opinion added by a User to a Review or for another purpose, in accordance with clause 10 of the Terms and Conditions.
Identification data – any information identifying the User, primarily: first name and surname, gender, email address, telephone number, photograph and other data and resources which the User saves in the system when registering on the Website or edits them. Identification data will be visible to other users, to which the User consents. The identification data of a business entity consists of the entrepreneur’s details enabling their unambiguous identification in commercial transactions, in particular the name (company name), registered office address, Tax Identification Number (NIP), National Business Registry Number (REGON) and registration number.
Account – a collection of data and resources associated with a given User on the Website, enabling them to make full use of the portal’s functionality. The rules regarding the Account are set out in point 3 of the Terms and Conditions.
Advertisement – information published on the Website/Portal by a User, relating in particular to: the organisation of a sailing trip, training courses, sailing camps, crew recruitment, boat charter or other sailing-related activities, as permitted by the Portal’s current functionality.
Rating – a rating on a scale of 1 to 5 stars, awarded to a User by another User, in accordance with clause 10 of the Terms and Conditions.
Terms and Conditions – these Terms and Conditions, setting out the rules for using the Website/Portal. The current version of the Terms and Conditions is available on the Website at all times, in a format that allows it to be downloaded, saved and printed.
Registration – the process of creating an Account by a User, consisting of providing the required data, accepting the Terms and Conditions and activating the Account.
Website/Portal/Platform – whenever reference is made to the Website (Website) or the Portal (Portal) in these Terms and Conditions and related documents, this refers to the social networking and classifieds portal for sailors available at www.sailwith.pro, operated by the Administrator. The website, its content and infrastructure, as well as the online vessel booking service (Charter), are the property of the Administrator and are managed and made available by that entity in accordance with the provisions of these Terms and Conditions.
Paid Services – any services provided by the Administrator to the User in return for payment, in particular the publication of paid Advertisements, the purchase of Advertisement packages or services promoting Advertisements, and Premium services, provided that these are introduced and described on the Website.
User – a natural person, a legal person or an organisational unit without legal personality to which the law grants legal capacity, who has completed Registration and holds an Account on the Website/Portal.
Business User – a User conducting business or professional activities in their own name (e.g. a sailing school, a charter company, a camp organiser, a sole trader and others) and using the Website in connection with such activities.
§2 General Provisions
These Terms and Conditions set out the rules for using the Website, including the rules for Registration, publishing Advertisements, using a profile, concluding contracts via the portal, the rating system and communication between Users. The conditions for using the Website are:
a. being at least 18 years of age;
b. having full legal capacity.
Anyone using the Website is obliged to familiarise themselves with these Terms and Conditions and to comply with them.
Guests may only view public content on the Website.
The Administrator exercises due diligence to ensure the proper functioning of the Website, but does not guarantee its uninterrupted availability.
The Administrator is not a party to any agreements entered into between Users. The Administrator’s role is limited to providing the technical infrastructure that enables the publication of content and the establishment of contact.
The Administrator shall not be liable for content published by Users, in particular for its accuracy, completeness or timeliness.
Content published on the Website is subject to legal protection, in particular under copyright law.
Use of the Website is generally free of charge, subject to paid services.
The Administrator shall not be liable for content that is offensive or inappropriate, which it was unable to remove immediately upon its appearance on the Portal. The Administrator shall make every effort to ensure that such content is removed without delay.
These Terms and Conditions may be subject to periodic changes.
By using the website www.sailwith.pro, as well as by making a booking, you confirm that you have read these Terms and Conditions, understand them and accept the terms contained therein, including the provisions regarding privacy and cookies.
§3. Account
To make full use of the Website/Portal (to publish your own Profile Presentation, Advertisements, make contact, and leave reviews), you must register and have an active Account.
Registration requires the provision of accurate details (first name, surname/company name, email address, telephone number), the creation of a password, and acceptance of the Terms and Conditions. Acceptance of the Terms and Conditions constitutes a declaration by the User of their voluntary intention to use the Portal/Website and their agreement to comply with them. Following registration, a notification regarding the creation of the account and its approval by the Administrator will be sent to the email address provided.
A User may only hold one Account. An exception to this is where a single person holds separate private and business Accounts.
The User is obliged to keep their password confidential and to inform the Administrator immediately of any unauthorised use.
The User has the right to delete their Account at any time. This will result in the irreversible loss of access to all data and content associated with the Account.
The Administrator may terminate the Account agreement and delete the Account 36 months after the User’s last login, without the need to notify the User, and immediately in the event of non-compliance with these Terms and Conditions.
The Administrator has the right to refuse to create an Account or to delete it in the event of a breach of these Terms and Conditions or the law.
§4. Rules for publishing advertisements
The User may publish Advertisements only after logging into their Account. Publication constitutes consent to the disclosure of the User’s identification details and other data contained in the advertisement.
Advertisements may relate to sailing, in particular:
offers for: cruises, training courses, camps; crew recruitment, the sale of sailing equipment, or themed discussions.
By publishing an Advertisement, the User grants the Administrator a non-exclusive, royalty-free licence to display, distribute and promote the Advertisement on the Website and with partners (e.g. on social media).
The Advertisement must be truthful, unambiguous, written in any language, and must not infringe the rights of third parties. It is prohibited to repeatedly publish exactly the same content or to create spam on the noticeboard. In any situation, the Administrator is entitled to remove an Advertisement if they deem it to be in breach of the Terms and Conditions and related documents.
It is prohibited to publish Advertisements containing illegal content, or content that is offensive, vulgar, or of an erotic/pornographic nature, discriminatory, inciting hatred, or promoting dangerous behaviour, as well as content that may infringe upon another person’s personal integrity.
The User may remove their Advertisement at any time.
The User bears full responsibility for the content of the published Advertisement, including its compliance with the law and the rights of third parties.
§5. Free and paid Advertisements
The publication of Advertisements is, in principle, free of charge. The Administrator reserves the right to impose restrictions (limits) on free Advertisements in specific categories.
The introduction of Paid Services (e.g. paid advertisements, featured listings, packages) and a detailed price list will be announced on the Website on a case-by-case basis. Use of a Paid Service is voluntary.
If a Paid Service is used, payment is made in advance. The service will commence once the payment has been processed.
All prices published on the Website are for information purposes only.
Obvious errors, including pricing or typographical errors, are not binding.
§6. Payments
All payments for Paid Services are processed via external payment providers (e.g. PayU, Przelewy24). Detailed payment terms are set out in the terms and conditions of these providers.
Payments relating to vessel hire services (charter/rental) are made by bank transfer, in accordance with the terms described in point 16. Specific rules for hiring via the Website (Platform – Charters)
The prices quoted on the Website are gross prices (including VAT) expressed in Polish zlotys.
VAT invoices are issued and made available to Users in electronic form.
An exception to this are the prices in the Charters section, which are quoted in the charter provider’s currency in the charter listings.
The Administrator is not a party to payment transactions between Users.
§7. User profiles
Each User has a public profile displaying their basic identification details and the history of published Advertisements.
The User is responsible for the accuracy of the information provided in their profile and in their Listings, and accepts full responsibility for it.
The Administrator is not authorised to alter identification details unless the change relates to linguistic errors or if the name or description contravenes the Terms and Conditions.
The Profile is publicly visible in whole or in part, depending on whether it is viewed by Guests or by Users.
The Administrator may verify selected information in the Profile, but is not obliged to do so.
§8. Prohibited content
Pornographic, erotic and obscene content.
Content inciting hatred, violence, or discrimination on the grounds of race, ethnicity, religion, appearance, etc.
Advertisements containing content that promotes or sells narcotics, psychotropic substances, alcohol, and tobacco products.
Advertisements containing content relating to the sale of weapons, ammunition and explosives.
Content infringing upon the intellectual property rights of others.
Personal and contact details of other individuals without their consent.
Links to websites of an advertising nature (unless they serve to expand upon information relating to the advertisement), phishing sites, or sites containing malware.
Content advertising competing classifieds services.
§9.Communication between Users
The Service provides an internal messaging system, enabling Users to contact one another regarding Advertisements, cruises or other matters.
Users are required to communicate in a respectful and lawful manner. It is prohibited to post offensive, spam or commercial content unrelated to the subject matter of the website.
The Administrator has the right to view the content of messages in order to ensure security, prevent abuse and resolve disputes, in accordance with the applicable Privacy Policy.
Email communication may take place between Users via contact forms and other portal features, to which Users consent.
The User consents to receiving system messages related to the operation of the Website, in particular regarding the Account, Advertisements and security.
§10. Rating and Comment System
Users may rate each other using a star rating system on a scale of 1 to 5 (where 1 is the lowest rating and 5 is the highest) and add a text comment to the rating.
Ratings and Comments are intended to build credibility and trust within the sailing community. They should reflect actual experiences of cooperation (e.g. a completed trip, training, or contact).
It is prohibited to post ratings that are:
a. false, fraudulent or misleading;
b. in exchange for material or personal gain;
c. containing vulgar, offensive or defamatory content;
d. not relating to the User being rated.
The review, together with the comment, is publicly visible on the portal’s pages.
Every User has the right to report to the Administrator any review that breaches the provisions of these Terms and Conditions. Following verification, the Administrator has the right to remove such a review.
§11. Unlawful and non-compliant actions by Users
The User is obliged to use the Website in a manner consistent with the law, good manners and these Terms and Conditions.
In particular, it is prohibited to:
a. publish unlawful, offensive or copyright-infringing content
b. engage in activities aimed at defrauding other Users;
c. distributing prohibited content (e.g. pornographic material, narcotics, content inciting violence and discrimination);
d. interfering with the technical operation of the Website.
e. using the Website for activities that compete with the Administrator
f. copying, distributing or using the Website’s content for commercial purposes without the Administrator’s consent.
In the event of any breaches, depending on the nature of such breaches, the Administrator has the right to:
a. remove the content (Advertisement, Comment);
b. issue a warning to the User;
c. temporarily suspend the Account;
d. permanently block the Account;
e. delete the Account;
f. report the matter to the relevant state or industry authorities.
The User will be notified by email of any decision to block content or an Account, stating the reason.
§12.Complaints procedure
In the event of problems with the Website’s operation, the User may submit a complaint electronically via the contact form available on the Website.
The complaint should include the User’s details, a description of the problem and a request.
The Administrator shall consider complaints within 30 days of receipt and respond to the User’s email address.
§13. Liability
The Administrator shall be liable only for actual damages arising from its wilful misconduct.
The Administrator shall not be liable for:
a. Any damages or losses, including in particular:
direct, indirect, consequential or punitive losses,
loss of production,
loss of profits, income or contracts,
loss or damage to reputation.
b. Inaccuracies or errors in the information presented on the platform, including those relating to:
descriptions of offers and advertisements;
Profile descriptions;
prices;
availability.
c. Services or products offered by:
Charterers;
Users;
Business Users;
other partner entities.
d. Any damages, losses or costs incurred by the user in connection with:
the use of the platform,
the inability to use the platform,
delays in its operation.
e. Any damages, losses or costs, including:
personal injury or death,
property damage,
other direct, indirect, consequential or punitive damages,
f. arising out of or in connection with:
acts or omissions of service providers or partners,
errors, breaches, negligence (including gross negligence);
deliberate misconduct, breach of obligations, false representations, torts or strict liability,
actions of employees of entities or affiliated entities
events such as: cancellation of bookings, overbooking, strikes, force majeure, or other events beyond the Administrator’s control.
The Administrator reserves the right to state that all information published on the Portal/Service is for informational purposes only and does not constitute an offer within the meaning of Article 66 of the Polish Civil Code.
The Administrator shall not be liable for:
a. the acts or omissions of Users;
b. the non-performance of contracts concluded between Users;
c. the non-performance of contracts concluded between the Charterer and the Charterer;
d. content published by Users;
e. technical interruptions in the operation of the Website.
§14. Force majeure
‘Force majeure’ means an external event, independent of Sailwith.pro and the user, which could not have been foreseen or prevented despite the exercise of due diligence, and which prevents or significantly hinders the provision of services via the platform.
Force majeure shall include, in particular:
a. natural disasters (such as storms, hurricanes, floods, fires, earthquakes),
b. acts of war, riots, terrorist acts,
c. general strikes,
d. epidemics, pandemics and related restrictions,
e. decisions or actions by public authorities,
f. failures of technical infrastructure beyond the control of sailwith.pro,
g. other events beyond the reasonable control of sailwith.pro or its service providers.
In the event of Force Majeure, the Administrator shall not be liable for the non-performance or improper performance of services, in particular for the cancellation of bookings, the unavailability of vessels, delays or changes to the terms and conditions of any services offered via the Website or directly.
§15. Intellectual property
All elements of the Website, including its structure, software, database and graphic design, are the property of the Administrator.
It is prohibited to copy, distribute or use them without the Administrator’s prior consent.
§16. Special rules for chartering via the Website (Platform – Charters)
Yacht charter takes place via the Website as a booking service.
By commencing the booking process or the rental quotation process, the Charterer agrees to:
a. receive a form containing personal data, necessary for preparing a quotation and concluding a rental/charter brokerage agreement and the final rental/charter agreement. The form will be sent by email.
b. receiving information electronically regarding the rental and offers (including offers from third parties) related to the rental and the destination,
c. receiving a request electronically to provide a review.
A rental may be made by a person (hereinafter referred to as the Charterer) who:
a. is at least 18 years of age,
b. has the legal capacity to enter into contracts,
c. meets the requirements set out in the agreements with Charter Providers.
Charter Provider – means a boat supplier, a company, a marina, individual owners, or travel agents whose business activities include, amongst other things:
the rental of vessels/charter services, who place their rental/charter advertisements via the Website,
in respect of whom the Administrator acts as an Intermediary.
The Website acts solely as an intermediary between the Charterer and the Charter Provider.
The rental agreement is concluded directly between the Charterer and the Charter Provider.
The agency agreement is concluded between the Charterer and the Administrator
Terms and conditions of rental
Making a booking implies:
a. acceptance of the terms and conditions, in particular: Special rules for rental via the Website;
b. acceptance of the privacy policy;
c. acceptance of the specific Charterer’s terms and conditions.
Information about vessels
a. The Charterer is responsible for information about vessels (prices, availability, description, equipment).
b. Charterers are responsible for their listings, namely for their:
accuracy;
completeness;
up-to-date status.
The Platform does not guarantee the accuracy of this information; it acts solely as an intermediary in its transmission.
Rental prices
a. Rental prices are quoted in accordance with the Charterer’s offer submitted via the Administrator.
b. Prices include only those taxes and charges specified in the offer.
c. Prices are quoted in the Charterer’s currency.
Payment
a. A booking requires payment of the full or partial rental price in accordance with the pricing information provided.
b. Failure to make payment by the specified deadline will result in the cancellation of the booking.
c. Payment may be made:
by card;
by bank transfer;
via a payment provider.
d. Payment is deemed to have been made once the funds have been credited to the Administrator’s account. The Administrator may accept the User’s payment by accepting proof of payment in the form of a bank transfer confirmation.
e. Payment by the Charterer constitutes confirmation that they have carefully checked the details of the rental agreement and accept them. Obvious errors and clerical mistakes are not binding.
f. The Charterer is responsible for:
the accuracy of payment details;
the availability of funds;
the correct execution of the transfer within the deadlines specified in the offer and the contract.
Booking confirmation
a. After making a booking, the User receives a confirmation email.
b. The confirmation is sent on behalf of the vessel provider.
Cancellation of a booking
a. The cancellation terms are set by the Charterer.
b. These terms are available:
in the offer;
during the booking process;
in the email confirmation.
c. Certain bookings:
are non-cancellable;
cannot be amended;
may be amended for a fee in accordance with the amendment offer provided;
Failure to make full payment for split payments may result in: cancellation of the booking without a refund or an additional charge in accordance with the terms and conditions.
Liability in relation to rentals. The following terms supplement the Administrator’s liability provisions set out in these Terms and Conditions:
a. The Charterer is responsible for the performance of the rental.
b.The Platform shall not be liable for:
the course of the rental;
the quality of services provided by the Charterer;
any damages;
lost profits;
messages being redirected to the Charterer’s SPAM folder or information sent by email by the Administrator or Charterer being rejected by the Charterer’s devices. The situation described in this clause does not exempt the Charterer from the provisions of these Terms and Conditions.
Nature of use of the platform – Charters
a. The service is intended solely for private use.
b. It is prohibited to use the platform for commercial purposes without consent.
§17. Final terms
The Administrator reserves the right to amend these Terms and Conditions for valid reasons, such as changes in legislation, the development of the Website’s functionality or improvements to security.
By accepting the Terms and Conditions, the User/Business User consents to the free-of-charge use by with.pro Sp. z o.o., in whole or in part, of the content of their advertisements and profile for marketing and promotional purposes, in particular through their recording, reproduction, and distribution in social media and other electronic and traditional communication channels.
Continued use of the Website after the amendments come into force constitutes acceptance of them.
These Terms and Conditions have been drawn up in Polish. These Terms and Conditions may be translated into other languages. In the event of any discrepancies in interpretation between the Polish version and versions in other languages, the Polish version of the Terms and Conditions shall prevail. The Polish version is available on the website www.sailwith.pro
Should any provision of these Terms and Conditions be deemed invalid, ineffective or unenforceable under the laws of the Republic of Poland, this shall not affect the validity, effectiveness or enforceability of the remaining provisions of the Terms and Conditions.
The provision deemed invalid, ineffective or unenforceable shall be replaced – to the extent permitted by law – by a valid and effective provision which, as fully as possible, reflects the economic purpose and legal meaning of the original provision.
Should a court deem any provision of these Terms and Conditions to be invalid, the remaining provisions shall remain in force.
A User who does not accept the new content of the Terms and Conditions has the right to terminate the agreement and delete their Account.
In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, in particular the Civil Code and the Act on the Provision of Electronic Services.
Any disputes between the Administrator and Users shall be settled amicably, and in the event of a failure to reach an agreement – by the competent courts in Poland, in accordance with the registered office of with.pro sp. z o.o..
