TERMS AND CONDITIONS

“SailCrew d.o.o., OIB: 76674645308, with registered seat at Obrovac 39, Dražice, entered in the court register of the Commercial Court in Rijeka under MBS: 06084915”

As a condition for using this platform, you guarantee that (i) you are at least 18 years old and (ii) you possess the legal authority to enter into a binding legal agreement. SailCrew d.o.o. reserves the right to deny any person access to this platform and to the services we provide. These terms and conditions, which may be amended from time to time, apply to all our services that are directly or indirectly (via intermediaries) available online, through any mobile device, by e-mail, or by telephone. By accessing, browsing, and using our website or any of our applications via any platform (collectively referred to as the "platform") and/or by completing a booking, you confirm that you have read, understood, and accepted the terms and conditions set out below (including the Privacy Policy and Cookie Policy). These pages, their content and infrastructure, and the online skipper and crew-engagement service provided through the SailCrew platform (“service”) are owned and operated by SailCrew d.o.o. (“SailCrew”, “we”, “us”, or “our”) and are provided under the terms listed below.

1. Services We Provide

SailCrew provides skipper-hire services (boat captains) for private and business purposes, including but not limited to: Hiring a skipper to operate a vessel at sea, Organising voyages, tours, or events on board. All skippers who provide services through us are certified, qualified, and hold all required licences under the laws and regulations of the Republic of Croatia.

2. Obligations of the User

Conduct on board: The user is responsible for safe and responsible behaviour on the vessel. All participants must follow the skipper’s instructions and comply with all safety rules and regulations. Safety rules: The user is required to wear appropriate safety equipment if the skipper determines that such equipment is necessary. At the skipper’s request, the user must wear life jackets or other safety devices. The user must enter accurate information about the trip and all requirements when posting or booking a service. The user must behave respectfully and responsibly towards the skipper and refrain from any illegal or dangerous behaviour while on board. The user must be punctual and adhere to the agreed schedule. In all safety-related matters, the user is required to follow the skipper’s instructions. All payments for services must be made exclusively through the SailCrew platform. Any inappropriate behaviour, disputes, or safety issues must be reported to SailCrew d.o.o.

3. Booking and Payment

Booking: All skipper-hire bookings must be confirmed through our website, by e-mail, or by telephone. To confirm a booking, it is necessary to pay a deposit or the full amount of the service, depending on prior agreement. Payment: The price of hiring a skipper will be clearly stated on the website or in the offer. Payment must be made in advance or within the agreed deadlines. Payment can be made by bank transfer, credit card, or other methods supported by SailCrew. Refund policy: Users may cancel a confirmed skipper booking at any time. If cancellation is made 30 days or more before the scheduled start of the booking, the user is entitled to a full refund. If cancellation is made fewer than 30 days before the start date, a refund is not possible. All cancellations must be made through the SailCrew platform in order to be valid and for the user to be eligible for a refund. In the event of cancellation by the skipper, the user will receive a full refund or be offered a replacement skipper, depending on availability.

4. Consent to Recording and Photography

Users agree that, during the voyage, they may be recorded or photographed by SailCrew or our partners for promotional purposes, without any additional compensation. If a user does not wish to be recorded or photographed, they are obliged to inform the skipper before the start of the voyage.

5. Benefits and Discounts

Discounts: From time to time, we offer discounts or promotional campaigns for skipper-hire services. All discounts and promotions must be used in accordance with the terms clearly stated in the relevant offer or promotion.

6. Rights and Obligations of SailCrew

Amendments to the Terms: SailCrew reserves the right to amend these terms at any time. All changes will be published on our website, and users will be informed of any updates. Right of Access to Data: In accordance with applicable legislation, users have the right to access their personal data that we collect in the course of the booking process. Details on the processing of personal data can be found in our Privacy Policy.

6. Rights and Obligations of Skippers

The skipper is obliged to provide accurate and up-to-date personal and professional information, including certificates, experience, and availability. The skipper must hold a valid licence, valid insurance, and all necessary certificates required to perform the job and navigate in the designated areas. The skipper is obliged to arrive on time and perform the service for the agreed duration, except in cases of justified necessity. The skipper is expected to behave professionally and courteously towards all clients and crew members and to comply with all maritime laws and safety regulations. It is strictly forbidden to operate the vessel under the influence of alcohol or drugs. The skipper must communicate clearly with the user before, during, and after the trip, as necessary. The skipper is also obliged to keep the vessel clean, safe, and in good condition throughout the duration of the service and to immediately report any incidents, accidents, or safety threats to SailCrew d.o.o. The skipper must have an ensured sleeping place on board – ideally a separate cabin, but alternatively sleeping in the saloon of the sailing yacht is possible if no other option is available. The skipper is entitled to: Use of the onboard toilet (WC); A minimum of 8 hours of sleep per day; Not being woken before 7:00 a.m., unless otherwise agreed in advance; Time for personal needs in the morning (coffee, toilet, shower) of 1 hour. The skipper is entitled to three meals per day, of which at least one must be a hot meal. Meals may be organised on board, in a restaurant together with the guests, or, if the guests wish complete privacy, a so-called “food allowance” is to be paid in the amount of €40.00 per day. Navigation is limited to a maximum of 7 hours per day. There may be a maximum of 3 nights at anchor during the charter. Note: Staying at anchor may last longer than three nights if the following conditions are met: The vessel is equipped with a generator or solar panels; The skipper assesses that the weather conditions are stable.

7. Dispute Resolution (via SailCrew d.o.o.)

All disputes, including cancellations, no-shows, unprofessional behaviour, misrepresentation, or safety threats, will be resolved exclusively through SailCrew d.o.o. Users and skippers undertake to fully cooperate during the dispute resolution process, including providing the requested documentation or statements. SailCrew d.o.o. will review all relevant evidence and make a final decision on the resolution of the dispute. The decision may include a refund, partial payment, suspension or termination of a user account, or mediation between the parties involved. The decision of SailCrew d.o.o. is final and binding on all parties. Any breach of the rules may result in the removal of the user or skipper from the platform.

Contact

For any questions, comments, or requests, you can contact us at: E-mail: info@sail-crew.com By using our skipper-hire services, you confirm that you have read, understood, and accepted these terms. If you have any questions or uncertainties regarding these terms, please contact us before making a booking.

Privacy and Cookies

SailCrew respects your privacy. Please refer to our Privacy Policy for further information.

SailCrew provides skipper and crew engagement services in the territory of the Republic of Croatia through its website and application, as well as via other online platforms, including partner websites and social networks. Your privacy is extremely important to us and we take it very seriously. We always act in the best interests of our users and are transparent about how we process your personal data. Below we explain how we collect, use, and process your personal data.

Changes to the Privacy Policy

From time to time, we may update this Privacy Policy. We recommend that you visit this page regularly in order to stay informed about any changes. If changes occur that directly affect your rights (e.g. regarding the GDPR), we will inform you in a timely manner before the start of any new processing activities. If you do not agree with the stated terms, we recommend that you stop using our services. If you agree – we are ready to set sail together.

What Personal Data Does SailCrew d.o.o. Collect?

By logging in or registering your user account on our Platform, i.e. for creating a profile used for our services and for storing your profile data (profile picture, short biography, certificates, licences, personal preferences and requirements, qualifications, usage history, etc.), we may collect three basic categories of data: Data that you as a skipper or other crew member provide for the purpose of advertising and contracting services; Data that we obtain when you as a client use our services; Data that we obtain from third parties. When you interact with our services, we collect data that you provide to us as well as data that we obtain when you use our services. For example, most of our services require that you open a user account, so we must collect some important data about you, such as: first and last name, address, e-mail address, phone number, other data that you voluntarily provide while using our platform (e.g. username, password, profile picture, short biography, certificates, licences, personal documents, etc.). In addition, we collect technical data about the device you use (computer, mobile device, tablet, etc.), including IP address, language settings, currency, and internet browser. This data is used to adapt our system to your needs. In certain cases, we may also obtain data about you from third parties (e.g. partners with whom you have been in contact), as well as automatically through system integrations with other platforms.

Why Does SailCrew d.o.o. Collect and Use Personal Data?

Unless otherwise stated, all data explicitly requested by SailCrew d.o.o. is mandatory, and failure to provide such data may prevent SailCrew d.o.o. from entering into and providing its services. In cases where SailCrew d.o.o. explicitly indicates that some data is not mandatory, providers, clients, and users of our services are free not to provide such data without consequences for the availability or functioning of our platform. Any person who is unsure which personal data is mandatory may freely contact SailCrew. If you do not wish to provide the mandatory data for a particular service for which such data is required, you will not be able to use that service. We undertake not to process sensitive personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, nor to process genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning a person’s health, sex life, or sexual orientation. Our aim is to ensure that you can use our service smoothly and professionally. Personal data is used in order for us to contact you, improve our service, and avoid unnecessary interruptions. In addition, we collect data so that we can contact you in a language you understand and provide you with marketing content that is relevant to you. You may receive updates from our blog, promotional offers, or useful tips.

Legal Basis for the Processing of Personal Data

SailCrew collects and processes users’ personal data in accordance with the General Data Protection Regulation (GDPR). The legal bases include: Consent – Article 6(1)(a) GDPR We process data based on the explicit consent of the data subject for: sending promotional and marketing messages, the use of analytical cookies, recording and photographing for promotional purposes (see Section 4 of the Terms of Use), receiving newsletters. Contract – Article 6(1)(b) GDPR Processing is necessary for the performance of a contract with the user, including: provision of skipper reservation services, processing of data necessary for payment, communication regarding the execution of the booking. Legal Obligation – Article 6(1)(c) GDPR Certain data are processed due to legal/statutory obligations, such as: providing data to competent authorities in cases prescribed by law, storing data in accordance with accounting and tax regulations. Legitimate Interest – Article 6(1)(f) GDPR Processing is carried out when necessary for the legitimate interests of SailCrew, except where such interests are overridden by the interests or fundamental rights of the user. This includes: the use of automated systems for responding to enquiries and analysing user behaviour to improve the service, sharing technical data with partners in order to enhance system functionality and security, processing data in the context of communication via e-mail and contact forms. Transfer of Data Outside the European Union: SailCrew uses services of third parties that may process personal data outside the European Union, including: Stripe, Inc. (United States of America) for payment processing. In such cases, we ensure appropriate safeguards, including: the conclusion of Standard Contractual Clauses (SCCs), etc. In accordance with applicable legislation, all third parties with whom we cooperate undertake to respect high standards of data protection.

Sharing Personal Data with Third Parties

We use the collected data for the purpose of providing our platform services to connect skippers and other crew members with interested users, who will pay for the service through the advertised fees on our platform, as well as to improve the user experience and communicate with you about relevant services, offers, and promotions. We may share data with relevant third parties solely for the purpose of processing your data in order to advertise your skipper or crew services, process your booking, organise your trip, or verify accuracy (e.g. verification of your e-mail address). All service providers and partners with whom we cooperate are contractually obliged to keep data confidential and may not use it for any other purposes. When paying by credit card, certain booking data is shared with payment service providers and financial institutions in order to process the transaction. In certain situations, we may be legally obliged to disclose personal data to competent authorities (e.g. judicial authorities) or for the purpose of preventing and investigating criminal offences, fraud, or protecting the legal interests of SailCrew. If you contact us through web forms on our website or application, by e-mail, telephone, or via social media profiles, we will process the data from the contact form and message based on our legitimate interest in connecting and communicating with potential users. We never sell or rent your personal data.

Security of Personal Data

SailCrew d.o.o. is the data controller with regard to personal data under this Privacy Policy. SailCrew d.o.o. is registered in the Republic of Croatia as a limited liability company. Your personal data is not stored offline nor printed. All data is encrypted and protected on our servers, and access is granted only to authorised persons. We implement technical and organisational security measures and limit access to data in accordance with the principle of least necessary access.

Management of Personal Data

You may request access to your personal data by sending a request to: info@sail-crew.com You may notify us of changes to your data, request rectification or deletion of data, or make such changes yourself via your user account.

Communication with Third Parties

Together with our partners, we use a system that enables secure sharing of data necessary for the provision and contracting of the service (e.g. sharing data on a nautical licence or providing personal document data to competent authorities). We retain your personal data for as long as necessary to use our services, fulfil legal obligations, resolve disputes, and pursue our legitimate business interests. For more information on retention periods for specific categories of data, feel free to contact us at: info@sail-crew.com.

Use of Algorithms for Automation

SailCrew uses automation algorithms in the following processes: automated sending of booking confirmations via e-mail, automated analysis of platform usage data (analytics), automated content recommendation and user support systems, use of the Stripe payment platform, which enables automated processing of transactions. In all cases, algorithms are used to facilitate the user experience and increase business efficiency, while implementing all necessary data protection and security measures.

Rights of Data Subjects

The rights granted to data subjects under the General Data Protection Regulation include: Right of access – the right to obtain information about the purpose of processing the data subject’s personal data, the categories of personal data being processed, the recipients or categories of recipients to whom personal data has been or will be disclosed, the envisaged period for which the personal data will be stored, and, where the personal data is not collected from the data subject, information as to their source. This also includes the right of the data subject to receive a copy (printout) of personal data contained in the storage system relating to them. Right to rectification – the right of the data subject to obtain without undue delay the rectification of inaccurate personal data or the completion of incomplete data relating to them. Right to erasure (“right to be forgotten”) – the right to request the erasure of personal data relating to the data subject, provided that the personal data is no longer necessary in relation to the purposes for which it was collected or for legal purposes, and where the data subject withdraws consent on which the processing is based. Right to restriction of processing – the right to obtain restriction of processing where the conditions laid down in the General Data Protection Regulation are met. Right to data portability – the right to receive the personal data concerning the data subject, which they have provided, in a structured, commonly used, and machine-readable format, and the right to transmit those data to another controller, where the processing is based on consent or on a contract and the processing is carried out by automated means. Right to object – the right of the data subject to object, on grounds relating to their particular situation, to processing of personal data concerning them. The objection is submitted to the Law Firm at the specified contact addresses (by e-mail or post). The Law Firm will provide you, no later than one month from the day of receipt of your request, with the requested information and a notice of the actions taken. Where the request is complex or numerous, the one-month period may be extended by a further two months, in which case we will inform you of the reasons for any such extension. Likewise, in the event of a refusal of the data subject’s request, SailCrew d.o.o. shall, without undue delay and at the latest within one month of receipt of the request, inform the data subject of the reasons for refusing the request. Please note that, in the event of requests that are manifestly unfounded or excessive, in particular because of their repetitive character, SailCrew may, in accordance with the Regulation, charge a reasonable fee based on administrative costs or refuse to act on the request.

Cookie Policy – SailCrew d.o.o.

When using our online services, cookies and other tracking technologies may be used in various ways. These technologies are used by us or by our partners, including advertisers and third parties.

What is a cookie?

Cookies are small text files that we place on your device (e.g. computer or mobile device) when you visit our website. The use of data files, web pages, or web cookies is a standard procedure for most websites, which generally do not collect your personal data, but provide a more tailored service. By accessing your data collected via web cookies, we track your use of our website or application so that we can, where possible, adapt our website or application to provide a better and simpler user experience in the future. We will always ask for your consent to set cookies, for example to remember your preferences or to personalise content that is more relevant to you. However, we will not request your consent for cookies that are strictly necessary for certain functionalities of our services, i.e. without which you would not be able to carry out certain activities.

How do we use cookies?

Strictly necessary cookies are essential for the functioning of the website and cannot be switched off in our systems. They are usually set only in response to actions taken by you that amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will then not function properly. These cookies do not store any personal data. Strictly necessary cookies help make the website usable by enabling basic functions such as page navigation and access to secure areas of the website. The website cannot function properly without these cookies. Preference cookies enable the website to remember information that changes the way the website behaves or looks, such as your preferred language or the region you are in. Analytics/statistical cookies allow us to count visits, usage, and traffic sources so that we can measure and improve the performance of our website. They help us understand which pages are the most and least popular and see how visitors move around the site. All information collected by these cookies is aggregated and anonymised. If you do not allow these cookies, we will not know when you have visited our site, which features you interacted with, and we will not be able to monitor its performance. By using web cookies to improve your user experience, you automatically agree to the collection of data such as certain settings and your IP address. All other data is collected and processed fully in accordance with REGULATION (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).