GENERAL BOOKING TERMS AND CONDITIONS

1.1 Purpose

These General Terms and Conditions govern the operation of the Sailinguest platform and the intermediary services provided by Sea Nomads LLC between customers and independent Charter Providers.

These Terms apply to all inquiries, bookings, and transactions made through sailinguest.com unless specific terms expressly provide otherwise.

1.2 Acceptance

By requesting a booking or purchasing an experience through Sailinguest, the Customer confirms that they have read and accepted:

These General Terms and Conditions.

The Privacy Policy.

The Cookie Policy.

The specific terms applicable to the booked Experience.

If any provision is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

For the purposes of these Terms, the following definitions apply:

Customer

Any individual or legal entity that requests an Experience through Sailinguest.

Charter Provider

Any individual or legal entity that owns, manages, operates, or is otherwise responsible for the boat and actually provides the booked service.

Captain

The person responsible for commanding the boat and the highest authority aboard during navigation.

Platform

The sailinguest.com website and the intermediary services provided by Sea Nomads LLC.

Booking

A request submitted by a Customer to purchase an Experience offered by a Charter Provider.

A Booking will only be considered confirmed once all the requirements established in these Terms have been met.

Experience

A sailing or boating activity organized and provided by a Charter Provider.

Experiences may include, but are not limited to:

Boat charters.

Day charters.

Overnight charters.

Sailing passages.

Cruises.

Excursions.

Customized experiences.

Intermediary Service Fee

The amount received by Sea Nomads LLC for providing intermediary services between a Customer and a Charter Provider.

3.1 Business Model

Sailinguest is an intermediary platform.

Its role is to connect Customers with independent Charter Providers.

Sea Nomads LLC does not directly provide the sailing or boating services advertised on the Platform.

3.2 Provision of the Charter Service

Unless expressly stated otherwise:

The boat belongs to the Charter Provider.

The crew is engaged by or under the responsibility of the Charter Provider.

The Captain is engaged by or under the responsibility of the Charter Provider.

Navigation is carried out by the Charter Provider.

The booked service is provided by the Charter Provider.

Sailinguest does not act as a tour operator, maritime carrier, or vessel operator.

3.3 Main Service Agreement

The agreement for the provision of the charter service is entered into directly between:

the Customer

and

the Charter Provider.

Sea Nomads LLC is not a party to that agreement in the capacity of a charter service provider.

Its involvement is limited to providing intermediary and administrative booking management services.

3.4 Sailinguest’s Role

Sailinguest may perform activities including, but not limited to:

Publishing boat listings.

Presenting Experiences.

Responding to inquiries.

Managing requests.

Checking availability.

Coordinating communications.

Providing quotes.

Managing Bookings.

Facilitating payments.

Providing administrative assistance before the Experience.

3.5 Charter Provider’s Responsibilities

The Charter Provider is solely responsible for:

Providing the Experience.

Keeping the boat in safe operating condition.

Holding all required licenses.

Maintaining all required insurance coverage.

Appointing the Captain.

Conducting the navigation.

Determining the itinerary when necessary.

Complying with applicable maritime laws and regulations.

3.6 Captain’s Authority

The Captain is the highest authority aboard throughout the Experience.

The Captain’s decisions will take precedence over any Customer preference when they concern:

Safety.

Navigation.

Weather conditions.

Environmental protection.

Compliance with applicable law.

The integrity of the boat.

Neither Sailinguest nor the Customer may require the Captain to sail when the Captain determines that doing so would pose a risk.

3.7 Charter Provider Independence

Charter Providers operate independently.

The publication of a boat on Sailinguest does not create an employment, partnership, agency, or representative relationship between Sea Nomads LLC and the Charter Provider unless expressly stated otherwise.

4.1 Requests

Requests submitted through Sailinguest are for informational purposes and do not constitute confirmed Bookings.

4.2 Availability

Boat availability is determined exclusively by the Charter Provider.

Dates displayed on the Platform may change until the Charter Provider expressly confirms the Booking.

4.3 Quotes

Quotes provided by Sailinguest are for informational purposes.

They may be changed if circumstances affecting the Booking change, including:

Availability.

Season.

Number of passengers.

Requested services.

Applicable taxes.

Rates provided by the Charter Provider.

4.4 Booking Confirmation

A Booking will only be confirmed once all of the following requirements have been met:

Availability has been confirmed by the Charter Provider.

The Customer has accepted the proposal.

All applicable specific terms have been satisfied.

The required payment or deposit has been received.

Sailinguest has sent written confirmation.

Until then, neither party will be obligated to provide or purchase the service.

4.5 Right to Decline a Request

Sailinguest may decline a request when:

The information provided is insufficient.

There are reasonable indications of fraud.

Availability cannot be verified.

The Charter Provider declines the Booking.

Other circumstances prevent the request from being properly managed.

The rejection of a request will not entitle the Customer to compensation.

5.1 Price Determination

Experience prices are set by each Charter Provider.

Sailinguest does not determine the price of the charter service.

5.2 Currency Conversion

When prices are displayed in different currencies, any currency conversion is provided for informational purposes only.

The final amount may depend on the exchange rate applied by the payment provider.

5.3 Obvious Errors

Sailinguest may correct obvious publishing errors, including typographical or technical errors that clearly affect the displayed price.

In such cases, the Customer will be informed before the Booking is confirmed.

5.4 Taxes

Applicable taxes will depend on the laws and regulations governing the Charter Provider and the location where the service is provided.

When applicable, the booking proposal will indicate whether taxes are included or must be added separately.

5.5 Intermediary Service Fee

Sea Nomads LLC receives a fee for the intermediary services it provides to Charter Providers.

This fee forms part of Sailinguest’s business model and does not alter the nature of the service provided by the Charter Provider.

The fee is managed in accordance with the agreements between Sea Nomads LLC and each Charter Provider.

6.1 Payment Providers

Sailinguest may facilitate payment for certain Bookings through Stripe or other payment service providers that offer an appropriate level of security.

The use of these services may also be subject to the applicable provider’s terms and policies.

6.2 Sailinguest’s Role in Collecting Payments

When Sailinguest collects payment for a Booking, it acts exclusively as an intermediary platform and, when applicable, as a payment collection agent authorized by the Charter Provider.

Sailinguest’s management of a payment does not make Sea Nomads LLC the provider of the charter service.

6.3 Intermediary Service Fee

Sea Nomads LLC receives a fee for the intermediary services it provides to Charter Providers.

The fee may be deducted from the amount processed through the Platform in accordance with the agreement between Sea Nomads LLC and the applicable Charter Provider.

The Customer acquires no rights under or in relation to these commercial agreements.

6.4 Payment Confirmation

A Booking will not be considered confirmed solely because a payment has been initiated or authorized.

The Booking will only be confirmed when:

The Charter Provider has confirmed availability.

The required payment has been successfully received.

Sailinguest has sent written confirmation.

6.5 Payment Errors

If a technical error occurs during the payment process, the Customer must notify Sailinguest as soon as they become aware of it.

Sailinguest will work with the payment provider to resolve the issue as quickly as reasonably possible.

6.6 Currency

Bookings may be displayed in different currencies.

When a payment is processed in a currency other than the Customer’s usual currency, the applicable exchange rate will be determined by the payment provider or card issuer.

Sailinguest does not control these exchange rates.

6.7 Fraud

Sailinguest may cancel or suspend any transaction when there are reasonable indications of:

Fraud.

Unauthorized use of a payment method.

Identity theft or impersonation.

Misuse of the Platform.

A violation of these General Terms and Conditions.

The Customer agrees to:

Provide accurate and current information.

Report any relevant changes before departure.

Follow the Captain’s instructions.

Comply with the laws and regulations of the country where the activity takes place.

Behave respectfully toward the crew, other passengers, and the marine environment.

Pay all applicable amounts by the established deadlines.

The Customer will be responsible for any loss or harm resulting from false or incomplete information provided during the booking process.

7.1 Safety-Related Information

Before departure, the Customer must disclose any circumstances that could reasonably affect the Experience, including, when relevant:

Pregnancy.

Reduced mobility.

Food allergies.

Limited swimming ability.

Relevant medical conditions.

Medication that could affect participation in the activity.

Any passenger’s special requirements.

Failure to disclose these circumstances may prevent the service from being properly provided.

7.2 Documentation

The Customer is responsible for holding all documentation required to participate in the Experience under applicable law.

This may include:

Identification documents.

Passports.

Visas.

Authorizations for minors.

Health permits or documentation when required.

If the Customer is unable to participate because they do not have the required documentation, the Customer will bear sole responsibility.

7.3 Number of Passengers

The number of people boarding the boat may not exceed the number included in the confirmed Booking.

Any change must be approved in advance by the Charter Provider.

Each Charter Provider represents and warrants that:

It has the legal capacity to provide the service.

It holds all licenses required under applicable law.

It maintains all legally required insurance coverage.

The boat is in a condition suitable for safe navigation.

The information published on Sailinguest is materially accurate and current.

8.1 Boat Information

The Charter Provider must inform Sailinguest of any material change relating to:

Authorized passenger capacity.

Equipment.

Photographs.

Home port.

Availability.

Prices.

Restrictions on use.

Changes of Captain when relevant to the Experience.

8.2 Breakdowns and Other Issues

The Charter Provider must report, as soon as reasonably possible, any issue that could affect a Booking.

Such issues may include:

Mechanical breakdowns.

Boat unavailability.

Replacement of the Captain.

Operational limitations.

Regulatory changes.

8.3 Insurance

Each Charter Provider is responsible for maintaining all insurance required under the laws applicable to its activities.

Sailinguest may request documentary evidence when necessary.

Communications relating to a Booking may take place through:

Email.

Telephone.

Instant messaging.

The Sailinguest Platform.

Any other method expressly accepted by the parties.

The Customer must keep their contact information current throughout the booking process.

9.1 Language

Communications may be provided in different languages.

When a translation is provided for convenience, the primary version of the contractual documentation identified by Sailinguest will prevail.

10.1 Purpose

Sailinguest invests resources in promoting boats, attracting Customers, managing inquiries, and facilitating Bookings.

The Platform therefore plays an essential role in the relationship between Customers and Charter Providers.

10.2 Bookings Outside the Platform

Once Sailinguest has introduced a Customer to a Charter Provider, both parties agree not to fraudulently circumvent Sailinguest’s intermediary services for the purpose of avoiding the agreed fees.

10.3 Prohibited Conduct

Conduct that violates these Terms includes, but is not limited to:

Providing contact information for the purpose of completing the Booking outside Sailinguest.

Asking the Customer to make payment directly to avoid the fee.

Using information obtained through the Platform to make arrangements outside it.

Creating fictitious Bookings for the same purpose.

10.4 Consequences

When there are reasonable indications of fraudulent circumvention, Sailinguest may:

Suspend user accounts.

Remove boats from the Platform.

Cancel pending Bookings when legally permitted.

Recover the amount of any unpaid fees.

Pursue any available legal remedies.

These measures will be taken in accordance with applicable law and the affected parties’ right to respond and defend themselves.

10.5 Exceptions

Nothing in this Chapter prevents a Customer and a Charter Provider from maintaining commercial relationships unrelated to Sailinguest when those relationships did not arise through use of the Platform and are not intended to fraudulently circumvent the intermediary services provided by Sea Nomads LLC.

11.1 Safety First

The safety of the passengers, crew, and boat will always take priority over any other consideration.

No itinerary, activity, or plan will be maintained if doing so would pose a risk to any person, the boat, or the environment.

11.2 Captain’s Decision

The decision to begin, continue, modify, or cancel any navigation rests exclusively with the boat’s Captain.

The Captain may make this decision for reasons including, but not limited to:

Weather conditions.

Sea conditions.

Wind.

Currents.

Visibility.

Mechanical breakdowns.

Instructions from authorities.

Passenger safety.

Environmental protection.

Any other circumstance that could affect navigation.

Neither the Customer nor Sailinguest may require the Captain to sail when the Captain determines that adequate safety conditions do not exist.

11.3 Safety-Related Changes

When necessary for safety reasons, the Captain may change:

The departure port.

The arrival port.

The itinerary.

The anchorages.

The order of activities.

The schedule.

The duration of certain stops.

Whenever reasonably possible, an equivalent Experience will be offered.

These changes will not constitute a breach of contract when they are based on objective safety or navigational considerations.

12.1 Itineraries Are Provided as a Guide

Unless expressly stated otherwise, itineraries published on Sailinguest are provided as general guidance only.

Routes may be changed based on:

Weather conditions.

Sea conditions.

Anchorage availability.

Navigation restrictions.

Instructions from authorities.

Protection of the natural environment.

The Captain’s reasonable decisions.

12.2 Activities

The activities described on the Platform represent those normally available as part of each Experience.

Whether they can take place will depend on factors including:

Sea conditions.

Weather conditions.

Safety.

Equipment availability.

Local regulations.

12.3 Marine Wildlife

References to marine wildlife are provided for informational purposes only.

Neither Sailinguest nor the Charter Provider guarantees sightings of any particular species.

In particular, sightings cannot be guaranteed of:

Whales.

Dolphins.

Sharks.

Rays.

Turtles.

Seabirds.

Any other species.

The absence of wildlife will not, by itself, entitle the Customer to a refund.

13.1 Punctuality

The Customer must arrive at the location and time specified in the Booking confirmation.

Unless otherwise indicated, Customers should arrive early enough to complete the boarding process without delay.

13.2 Delays

The Captain is not required to delay departure because one or more passengers arrive late.

If the delay still allows the activity to take place, the time lost may be deducted from the duration of the Experience.

13.3 No-Show

A Customer will be considered a no-show when the Customer:

Fails to arrive.

Arrives after the boat has departed.

Is unable to board for reasons solely attributable to the Customer.

Voluntarily withdraws from the activity before it begins.

In these circumstances, the applicable cancellation terms may apply.

14.1 Identification

The Charter Provider may request any documentation required to verify passengers’ identities when legally required.

14.2 Number of Passengers

The number of people boarding the boat may not exceed the number expressly authorized in the confirmed Booking.

Additional passengers require the Charter Provider’s prior approval.

14.3 Luggage

Unless the Charter Provider states otherwise, Customers are advised to use soft-sided luggage.

Limitations may be placed on the size, weight, or amount of luggage permitted aboard for space or safety reasons.

14.4 Personal Belongings

Each passenger is responsible for their personal belongings.

Sailinguest and the Charter Provider will not be liable for lost, stolen, forgotten, or damaged personal belongings unless applicable law requires otherwise.

15.1 General Rules

All passengers must behave respectfully toward:

The crew.

The Captain.

Other passengers.

The boat.

The natural environment.

15.2 Safety

Passengers must follow the Captain’s instructions throughout the Experience.

This applies particularly to instructions concerning:

The use of life jackets.

Access to designated areas.

Water activities.

Navigation.

Anchorages.

Emergencies.

15.3 Prohibited Conduct

A person may be denied boarding or required to end their participation early if they:

Are under the influence of alcohol or drugs to a degree that compromises safety.

Behave violently or threateningly.

Repeatedly disregard the Captain’s instructions.

Endanger the safety of others.

Deliberately damage the boat.

Throw waste into the sea.

Engage in activities prohibited by applicable law.

15.4 Early Termination

A person who is required to leave the boat or is removed from the Experience because of their conduct will not automatically be entitled to a refund of any amounts paid.

This is without prejudice to their obligation to compensate for any damage they may have caused.

16.1 Minors

Minors must travel with a responsible adult unless the Charter Provider expressly authorizes another arrangement in accordance with applicable law.

The accompanying adult is responsible for supervising the minor throughout the Experience.

16.2 Safety Measures

The Captain may establish specific safety measures for minors, including the mandatory use of life jackets or other protective equipment.

16.3 Pets

Whether pets are permitted is determined exclusively by the Charter Provider.

Approval must be expressly provided before the Booking is confirmed.

The animal’s owner will be responsible for any loss or damage caused by the animal.

17.1 Cancellation by the Customer

The Customer may request the cancellation of a Booking at any time before the Experience begins.

The request must be submitted in writing to the email address provided by Sailinguest or through the system made available on the Platform.

The applicable cancellation policy will be determined based on the date and time the cancellation request is received.

17.2 Applicable Cancellation Policy

Each Charter Provider may establish its own cancellation policy.

Before confirming a Booking, the Customer will be expressly informed of the specific terms applicable to that Experience.

In the event of any conflict, the specific terms communicated during the booking process will prevail.

17.3 Changes to a Booking

Requests to change the date, time, boat, or number of passengers are subject to the Charter Provider’s availability.

Sailinguest will attempt to facilitate these changes but cannot guarantee that they will be accepted.

An approved change may result in a change to the price of the Experience.

17.4 Cancellation by the Charter Provider

The Charter Provider may only cancel a Booking when there is a reasonable basis for doing so.

Reasons may include:

Mechanical problems affecting safety.

The unexpected unavailability of the Captain.

Legal or regulatory noncompliance.

Force majeure.

Weather conditions that are incompatible with safe navigation.

Whenever possible, the parties will attempt to offer:

An alternative date.

An equivalent boat.

A similar Experience.

When this is not possible, the applicable refund policy will apply.

18.1 General Principles

Refunds are governed by:

The applicable cancellation policy.

The specific terms of the Booking.

Applicable law.

Not every cancellation automatically entitles the Customer to a refund.

18.2 Full Refund

As a general rule, a full refund may be issued when:

The Charter Provider permanently cancels the Experience without offering a reasonable alternative.

The Booking cannot be fulfilled for reasons solely attributable to the Charter Provider.

The parties expressly agree to a full refund.

18.3 Partial Refund

A partial refund may be agreed upon when only part of the Experience could not be provided.

The amount will depend on the specific circumstances of each case.

18.4 Circumstances That Do Not Automatically Entitle the Customer to a Refund

Unless the specific terms provide otherwise, the Customer will not automatically be entitled to a refund due to:

Reasonable itinerary changes.

Changes to anchorages.

Schedule changes.

The absence of wildlife sightings.

Weather changes that remain compatible with safe navigation.

Occasional rain.

Seasickness.

A personal decision to leave the activity.

The Customer’s late arrival.

A no-show.

Justified removal for safety reasons.

18.5 Refund Method

When a refund is due, it will be issued through the same payment method used by the Customer whenever possible.

Processing times will depend on the payment provider and the applicable financial institution.

No party will be liable for failing to fulfill its obligations when that failure results from unforeseeable and unavoidable events beyond its reasonable control.

Examples include, but are not limited to:

Extreme weather events.

Hurricanes.

Earthquakes.

Fires.

Pandemics.

Armed conflicts.

Terrorism.

Government restrictions.

Port closures.

Environmental restrictions.

General strikes.

Extraordinary mechanical failures that prevent safe navigation.

In these circumstances, the parties will make reasonable efforts to:

Change the date.

Modify the Experience.

Find an equivalent solution.

Reach an amicable agreement.

20.1 Sailinguest’s Liability

Sea Nomads LLC is responsible solely for the obligations applicable to it in its capacity as an intermediary platform.

In particular, it is responsible for:

Properly managing requests received.

Facilitating communication between the Customer and Charter Provider.

Administering the booking process.

Managing the payment process when applicable.

20.2 Exclusions

Unless applicable law provides otherwise, Sailinguest will not be liable for:

The actual operation or navigation of the boat.

Decisions made by the Captain.

Changes to the itinerary.

Mechanical failures affecting the boat.

Injuries arising from risks inherent to the activity when the Charter Provider has exercised reasonable care.

Loss of personal belongings.

Acts or omissions solely attributable to the Charter Provider.

Acts or omissions attributable to the Customer.

Acts or omissions of third parties.

20.3 Charter Provider’s Liability

In accordance with applicable law, the Charter Provider is responsible for:

The safety of the boat.

Navigation.

Compliance with maritime laws and regulations.

Required licenses.

Mandatory insurance coverage.

The crew.

Proper performance of the booked service.

20.4 Limitation

Nothing in these Terms limits any non-waivable rights granted under applicable consumer protection laws.

Any issue relating to a Booking must be reported to Sailinguest as soon as reasonably possible.

Whenever feasible, the parties will attempt to resolve the issue during the Experience or immediately after it ends.

Complaints may be sent to:

legal@sailinguest.com

Before initiating a chargeback, the Customer agrees to contact Sailinguest and attempt to resolve the issue in good faith.

If a chargeback is clearly fraudulent or unfounded, Sailinguest may:

Submit supporting documentation to the payment provider.

Recover any amounts improperly refunded.

Suspend future Bookings.

Pursue any available legal remedies.

Sea Nomads LLC may update these General Terms and Conditions to reflect:

Changes in applicable law.

Technical improvements.

New services.

Changes to the Platform’s operation.

Changes will not affect previously confirmed Bookings unless required by law or more favorable to the Customer.

These General Terms and Conditions are governed by the laws of the State of Florida and any applicable federal laws of the United States.

When the Customer is acting as a consumer, this choice of law will not limit any mandatory rights granted under the laws of the Customer’s country of residence.

Before initiating legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiations.

If the dispute cannot be resolved, it will be submitted to the courts of competent jurisdiction under applicable law.

Whenever legally permitted, the courts of Miami-Dade County, Florida, will have jurisdiction.

This provision does not prevent a consumer from exercising any rights granted under mandatory applicable law.

If any provision of these Terms is declared invalid, unlawful, or unenforceable, the remaining provisions will not be affected.

All remaining provisions will continue in full force and effect.

For any questions regarding these General Terms and Conditions, please contact:

Sea Nomads LLC

Sailinguest

Lincoln Road, Suite 708

Miami Beach, Florida 33139

United States

Email: legal@sailinguest.com

Website: sailinguest.com