Who we are
Otium Delfin d.o.o.
Ulica Augusta Ferrija / Via Augusto Ferri 40
Rovinj – Croatia
+386 41 379 620 | firstname.lastname@example.org
Our website address is https://otium.pro.
General terms and conditions
- The Parties
1.1. “Otium”, “us”, “we” or “our” means trademark of company Otium d.o.o., Ulica Augusta Ferrija / Via Augusto Ferri 41, 52210 Rovinj, Croatia, VAT Number and Tax Code: HR37244052511, email address: email@example.com and firstname.lastname@example.org. Otium is a provider of yacht charter services and other charter travel products and services (“Otium”). Otium website can be accessed on the following www addresses: www.otium.pro, (“Otium website”)
1.2. “The Customer” is any legal person, self-employed person or consumer identified as a customer (name and surname, country, home address, email, mobile phone number) in the Reservation form or Free Quote form or confirms a reservation after communication over the email (the “Customer”), who accepts these General Terms of Service (the “Agreement”) as a whole. The customer confirms that he/she is over 18 years old and that all information provided is correct or, if it is incorrect, it has been provided in good faith. The Customer hereby represents and warrants that he/she is legally authorised to sign the Reservation Form in his/her name and in the name of any other user he/she legally represents and customers agrees to have read, understood and agreed to the terms and conditions set out below.
1.3. “Yacht provider” is a Charter company, marina, individual boat owner, travel agent who is the owner of the boat or is authorized to manage the yacht (sailing yacht, catamaran, yacht, motorboat or another type of vessel), skipper insurance, or other charter and related products published on our website.
1.4. “Yacht reservation” means the order, purchase, payment, booking or reservation of a Yacht
- Modification of General terms and conditions
Otium reserves the right to change or modify the General terms and conditions of this site at any time without prior written notice.
The General terms and conditions set out the rules concerning the usage of the website Otium websites by users and visitors of the site.
- Otium Services
Otium provides a website through which different yacht providers: Charter companies, marinas, individual boat owners, travel agents (the “yacht provider”), can advertise their boats for rent, and through which Customers of the website can make reservations of sailing boats, catamarans, yachts and other types of boats. The Customer expressly acknowledges that by making a reservation on the website the Customer will enter into a direct relationship with the Yacht provider and that Otium acts solely as an intermediary with the purpose of allowing such direct relationship to take place. Otium is transmitting the details of the reservation to the relevant Yacht provider and sending the Customer a confirmation email for and on behalf of the Yacht provider.
When offering our services, the information that we show is based on the information provided to us by the Yacht providers. As such, the Yacht providers are given access to an online system through which they are fully responsible for updating the rental price, availability and other information which is displayed on our platform. Although we will use reasonable resources in performing our services we will not verify if, and 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 non-delivery of information. Each Yacht 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. Otium does not (re)sell, rent out, offer any yacht product or service.
Our services are made available for personal and 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.
4.2 Otium has the obligation to charge the Customer the price of the services contracted via the website. Otium will receive the payment made by the Customer in the name and on behalf of the Yacht provider that will provide the service, including all additional services as indicated by the Customer in the Reservation Form on the Website. Otium will transfer the funds to the Yacht provider according to the conditions established with each Yacht provider.
4.3 Otium will provide the Customer with confirmation of acceptance of the contracted services immediately after payment for such services will be completed according to the conditions stated on the Website. A confirmatory voucher will also be sent to the email address provided by the Customer for this purpose, within 24 hours after payment is completed and the necessary documentation is sent to us (for example filled crew list forms).
4.4 The Customer undertakes at all times to provide correct information for the details requested in the Reservation Form and in any other form he/she is required to complete in order to contract the services offered by Otium and to ensure that this information is kept up to date. The Customer also confirms to provide the Yacht provider of the contracted service with all details and information that may be requested for the correct provision of the service in question. The Customer authorizes Otium to verify the truthfulness of the personal data and any other information provided and undertakes to cooperate with Otium during such verification.
4.5 The Customer is responsible for the full payment of the services contracted, respecting the procedure, periods and quantities stipulated on the website.
4.6 The Customer expressly acknowledges that he/she is obliged to make use of these services in a correct manner and in compliance with any applicable laws, regulations and according to the present General Terms and Conditions. The User accepts all responsibilities that may result from the incorrect use of the contracted services.
4.7 The Customer confirms, that has all the necessary permits to operate the reserved yacht, or he will ensure that a person with all permits will be present on the yacht.
Our service is free of charge. Otium will not charge you for its services or add any additional (reservation) fees to the yacht charter rate. Otium will process all payments and transfer the money directly to the Yacht provider responsible to provide the services.
Please check the rental details thoroughly for any such conditions prior to making your reservation. Obvious errors and mistakes (including misprints) are not binding.
All prices on the website are displayed including VAT tax and all other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email.
Yacht providers ask the rental price to be paid (fully or partly) to guarantee the reservation. You will be asked to guarantee your rental during the reservation process. Payment is safely processed from your credit/debit card or bank account to the bank account of the Yacht provider through a third-party payment processor. Please check the rental details thoroughly for the payment conditions prior to making your rental.
Reservation can be cancelled (without prior notice) if the remaining rental amount is not paid until the due date communicated on the Otium reservation page or in the confirmation email. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are Customer’s responsibility and the Customer is not entitled to any refund of the prepaid amount unless the Yacht provider agrees otherwise.
By making a reservation through Otium you accept and agree to the relevant cancellation and no-show policy of that Yacht provider, and to any additional terms and conditions of the Yacht provider that may apply to your rental, including services or/and products offered by the Yacht provider. Please note that some rentals are not eligible for cancellation or change. Please check the rental details for any such conditions prior to making your reservation. We recommend that you read the cancellation and payment policy of the rental carefully prior to making your rental and remember to make further payments on time.
If there is a late arrival on the day of check-in or arrival on the next day, you must inform the Yacht Provider (in a timely/prompt manner) so that they will know when they can expect you and avoid cancellation of Yacht Reservation or no-show charges. Otium can assist you in notifying Yacht Providers. Otium accepts no responsibility for the consequences of late arrival or cancellation or the non-arrival cost charged by the Yacht Provider.
- Privacy and cookies
By completing a reservation the customers agree to receive:
(i) an email from us, giving you information on your reservation 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 rental and destination, and
(ii) an email that we send to you after finishing your rental inviting you to leave your review.
You must use the correct email address to complete and secure your Yacht Reservation. We accept no responsibility (and are not required to confirm) for any incorrect or misspelt email addresses or inaccurate or incorrect (mobile) phone numbers, or credit card numbers.
Due to continuous updating or pricing and availability, we advise you to take a screenshot of them during the booking process, which will be helpful (if necessary).
All claims and complaints regarding Otium or Vessel Reservation must be submitted in a timely manner or within a maximum of 30 days after the intended use of the product or services (e.g., after the check-out date). All claims and complaints filled after the 30-day deadline may be rejected, and the claimant loses the right to any compensation for damages or damage costs.
Your review may be uploaded onto the rental 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.
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 website 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 website,
(iii) the services or products offered by the Yacht provider or other business partners and Yacht providers,
(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 website, 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, wilful 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.
- Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information on our platform are owned by Otium.
Otium 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.
- Final provisions
To the extent permitted by law, these General terms and conditions of our services shall be governed by and construed in accordance with Croatian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Croatia.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you 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.
Last update: 31. 3. 2022