UPDATE_DATE 07/04/2014
Yanpy (hereafter referred to as “Yanpy”, “we”, “us” or “our”) provides an online platform that connects boat owners for rent (both private and profesional charter companies) with guests seeking to rent such boats, which Services (collectively, the “Services”) are accessible at [ https://www.yanpy.com ] (collectively, the “Site”) through which Yanpy makes the Services available. By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Yanpy. Please also read carefully our Privacy Policy at https://www.yanpy.com/privacy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR BOATS (DEFINED BELOW) AND CUSTOMERS (OR GUESTS) (DEFINED BELOW) MAY LEARN ABOUT AND BOOK BOATS DIRECTLY WITH THE OWNERS. YOU UNDERSTAND AND AGREE THAT YANPY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND CUSTOMERS, NOR IS YANPY A REAL ESTATE BROKER, AGENT OR INSURER. YANPY HAS NO CONTROL OVER THE CONDUCT OF OWNERS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY BOAT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The General Terms and Conditions (GTC) below apply to the use of the platform www.yanpy.com (also: “platform”). This is a service of Veepo T&T Services S.L. (“Yanpy” or “we”).
Yanpy offers the usage of its platform, in particular the use of the database, solely on the basis of these General Terms and Conditions.
“Yanpy Content” means all Content that Yanpy makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Yanpy Content
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Customer or Guest” means a Member who requests from an owner a booking of a boat via the Site, Application or Services, or a Member who stays at a Boat and is not the Owner for such Boat.
“Owner or Host or Provider” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a Boat that is listed by an Owner as available for rental via the Site, Application, and Services.
“Member” means a person who completes Yanpy’s account registration process, including but not limited to Owners and Customers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that boat owners may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Yanpy reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The platform is an online market place on which users can offer and rent boats.
The Site, Application and Services can be used to facilitate the listing and booking of boats. Such boats are included in Listings on the Site, Application and Services by Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a boat or create a Listing, you must first register to create a Yanpy Account (defined below).
On www.yanpy.com, Yanpy provides a platform on which users can communicate with each other and conclude agreements. Yanpy itself does not offer any boat; it merely acts as an intermediary for the conclusion of agreements between users.
Yanpy does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control boats. Unless explicitly specified otherwise in the Yanpy platform, Yanpy’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and is devoted to the management of boat charters bookings (not to the rental itself) (iii) serving as the limited payment collection agent of each Owner for the purpose of accepting payments from Customers on behalf of the Owner.
By booking a boat through Yanpy, the customer fully and unconditionally accepts these terms of service and use, and the regulation disclosed in our Privacy Policy which you will find in this very web page.
The boat charter, which is between the client and the final service provider (owner, yacht charter operator or manager of the boat), is governed by the rental contract with the final service provider. Yanpy does not intervene in the rental contract, nor is a party.
Yanpy provides brokerage services (by managing bookings) in the pleasure boat charters. Through Yanpy and/or its website the client books the charter, and if applicable, rents a boat to the final service provider, in accordance with the terms and the price agreed with the provider. Yanpy will be involved in the management of rental collection, authorized by the owner.
The client accepts that any complaint in this sense will be made directly and exclusively against the final service provider.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNERS AND CUSTOMERS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. YANPY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOAT. YANPY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT CUSTOMER´S OWN RISK.
Yanpy does not examine the legality, accuracy or completeness of offers published on the platform or user content, and these do not represent the views of Yanpy. Yanpy is not responsible for third-party offerings or content.
Providers can apply their own terms and conditions to the boat they are renting that do not affect the General Terms and Conditions of Yanpy.
Providers and tenants are responsible for their adherence to the provisions governed by public law, including municipal codes regarding property rental.
In order to access certain features of the Site and Application, and to book a boat or create a Listing, you must register to create an account (“Yanpy Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
Registration is available only to natural persons, legal persons and partnerships that are fully legally competent. The registration of a legal person or partnership may be performed only by a natural person with power of representation who must be named. When registering, only individual persons may be given as the owner of the user account (i.e. no married couples or families).
As part of the functionality of the Site, Application and Services, you may link your Yanpy Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Yanpy through the Site, Services or Application; or (ii) allowing Yanpy to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Yanpy and/or grant Yanpy access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Yanpy to pay any fees or making Yanpy subject to any usage limitations imposed by such third-party service providers.
By granting Yanpy access to any Third-Party Accounts, you understand that Yanpy will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Yanpy Account and Yanpy Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Yanpy Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Yanpy’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Yanpy Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Yanpy makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Yanpy is not responsible for any SNS Content.
We will create your Yanpy Account and your Yanpy Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above.
You may not have more than one (1) active Yanpy Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Yanpy reserves the right to suspend or terminate your Yanpy Account and your access to the Site, Application and Services if you create more than one (1) Yanpy Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Yanpy Account, whether or not you have authorized such activities or actions. You will immediately notify Yanpy of any unauthorized use of your Yanpy Account.
The user undertakes to set up his systems and programmes in connection with the use of Yanpy offering in a way that ensures that the security, integrity and availability of systems set up by Yanpy to provide its services are not affected. Users must not block, rewrite, or modify content generated by Yanpy or interfere with the Yanpy offering in any other way that contravenes the purpose of the user agreement. Yanpy is entitled to set up the required measures that are necessary to ensure the system integrity of Yanpy or third-party systems.
Users must not use addresses, contact data, or e-mail addresses that they obtain by using the website for any purpose other than for contractual communication. In particular, these data must not be forwarded to unauthorised persons or used to send advertising, unless the user in question has expressly granted his consent in advance.
The user absolutely must not send mass messages with the same content via the platform. Any spamming or similarly harassing action towards other users or third parties is prohibited.
Each user is himself responsible for archiving any information that can be viewed on the website and saved by Yanpy that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of Yanpy.
In the event of a violation of these General Terms and Conditions by a user, Yanpy is entitled to exercise its virtual householder rights. Yanpy can exclude the user in question from using its services, modify or delete the content he uses, or take other measures that consider required. Yanpy will take legal action to exercise its legitimate rights to forbearance and compensation.
The user or member will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ('spam') or advertisements unrelated to lodging in a private residence;
'stalk' or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Yanpy Customer or Owner;
offer, as an Owner, any Boat that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Boats as an Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
offer, as an Owner, any Boat that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one Yanpy Account or register for a Yanpy Account on behalf of an individual other than yourself;
contact an Owner for any purpose other than asking a question related to a booking, such Owner’s Boat or Listings;
contact a Customer for any purpose other than asking a question related to a booking or such Customer’s use of the Site, Application and Services;
recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to Yanpy, without Yanpy’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content to find an Owner or Customer and then complete a booking of a Boat independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Yanpy’s provision of the Services or for any other reasons;
as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Yanpy’s name, any Yanpy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Yanpy’s express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, Yanpy’s computer systems, or the technical delivery systems of Yanpy’s providers;
attempt to probe, scan, or test the vulnerability of any Yanpy system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Yanpy or any of Yanpy’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
advocate, encourage, or assist any third party in doing any of the foregoing.
Yanpy saves for the user the multimedia content uploaded by him (images, text, etc.) or merely arranges the necessary memory space and access to it. Users themselves are therefore solely responsible for the multimedia content they upload to Yanpy and indemnify yanpy against all third-party claims resulting from this. In particular, this indemnification also includes the costs of appropriate prosecution and legal defence.
Users will therefore ensure that the uploaded content does not violate applicable law or legal provisions, common decency, or in particular third-party rights (naming rights, personality rights, copyright, data protection rights, etc.). In particular, users undertake not to upload content that violates the terms of the Spanish Penal Code. The user also undertakes not to utilise content that is pornographic, glorifies violence, or is race baiting. This also applies to the sending of e-mails and other electronic communication media of the platform.
By uploading multimedia content, users transfer to Yanpy a free, revocable, unlimited, non-local right of use that can be sublicensed to the multimedia content uploaded to Yanpy by the user. In particular, the right of use comprises the right to process the multimedia content for the purposes of the platform and to make it available to the public offline, in printed or electronic form, by wired or wireless connection, in such a way that it is accessible to members of the public at places and times of their choosing, including playback on their chosen receiver terminal that allows online access, in particular stationary and portable computer and mobile handheld devices such as smartphones, tablets and similar equipment.
The content offered via Yanpy is protected by copyright. The platform is generally accessed and utilised individually by a natural person using a web browser. The use of technologies such as web spiders, crawlers, or similar programmes, the purpose of which is not just the indexing of content but also the mass accessing and saving of the platform’s content is prohibited. This also applies in particular to technologies that enable so-called screen scraping and other third-party services.
In the event of a violation of these prohibitions and the guidelines of these General Terms and Conditions, Yanpy is entitled to refuse acceptance of content, to delete, modify and block content immediately and to delete the pages and links to them immediately. In such cases the user has no right to the restoration of his multimedia content on the internet platform or the release of his deleted user profile.
The user has no legal claim to permanent use of the platform. In particular, Yanpy is not required to ensure that the platform is available or can be reached at all times. However, Yanpy endeavours to maintain operation of the platform with as few disruptions as possible and to continue to develop it in line with user requirements.
Yanpy can temporarily restrict use if this is necessary in terms of security, integrity, capacity limits, or the performance of technical measures (maintenance work). In particular, Yanpy will take users’ legitimate interests into account by notifying them in advance.
The platform’s pages also include links to websites on the Internet maintained by third parties, the content of which is not known to Yanpy. Yanpy merely provides access to the websites and accepts no responsibility for the content. The links to third-party Internet sites merely serve to facilitate navigation. Yanpy does not esposuse the views expressed on the sites to which it links, and rather hereby expressly distances itself from all content on all websites that it links to on its platform.
The owners of the Internet sites to which the Yanpy platform hyperlinks are solely responsible for both their content and the goods or services offered for sale there.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Boat to be listed, including, but not limited to, the location, capacity, size, features, equipment, extras, availability of the Boat and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Boats must have valid port information or physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Boat via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Customer requests a booking of your Boat, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Customer stay at, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of boats and other properties and (b) not conflict with the rights of third parties. Please note that Yanpy assumes no responsibility for a Owner’s compliance with any applicable laws, rules and regulations. Yanpy reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Yanpy, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You understand and agree that Yanpy does not act as an insurer or as a contracting agent for you as an Owner. If a Customer requests a booking of your Boat and stays at your Boat, any agreement you enter into with such Customer is between you and the Customer and Yanpy is not a party thereto. Notwithstanding the foregoing, Yanpy serves as the limited authorized agent of the Owner for the purpose of accepting payments from Customer on behalf of the Owner and is responsible for transmitting such payments to the Owner.
You acknowledge and agree that, as a Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Boat at your request or invitation, excluding the Customer (and the individuals the Customer invites to the Boat, if applicable.)
Yanpy recommends that Owners obtain appropriate insurance for their Boats. Please review any insurance policy that you may have for your Boat carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the Boat, if applicable) while at your Boat.
The client will not assume that the price of any boat includes additional expenses or extras that are not specifically informed in the listing, such as fuel costs, moorings fees, food and so on. It will be the responsibility of the client to clarify and confirm with the owner all the additional costs and optional and mandatory extras before booking.
Yanpy does not endorse any Members or any Boats. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Yanpy will not be responsible for any damage or harm resulting from your interactions with other Members.
Al utilizar la página web, la aplicación o los servicios, usted acepta que cualquier recurso o responsabilidad legal que pretenda obtener a causa de acciones u omisiones de otros miembros o terceros estará limitado a una reclamación contra los miembros o terceros particulares causantes de los daños y usted conviene, que no intentará imponer responsabilidad sobre Yanpy, o buscar ningún remedio legal por parte de Yanpy con respecto a dichas acciones u omisiones. En consecuencia, le animamos a que se ponga en contacto directamente con los otros miembros de la página web y los servicios sobre cualquier reserva o anuncios realizados por usted. Esta limitación no se aplicará a las reclamaciones que los propietarios puedan plantear contra Yanpy en relación con la transferencia de los pagos recibidos de los clientes por Yanpy en nombre y representación del propietario.
By listing an accommodation on the Yanpy website, the provider is issuing an invitation to submit offers. Another user can submit an offer to conclude a lease for this Boat. The agreement arises if the owner accepts this offer within 24 hours in a manner intended by Yanpy. Otherwise, the other user is no longer bound to his offer.
Boat booking payments will be always done using the services and payment methods provided by Yanpy website.
The provider must ensure that:
the description of the Boat and the images used do not violate the law or third-party rights and that they relate only to the Boat on offer.
information uploaded does not constitute references to third-party content.
he complies with public law regulations, particularly those for payment, factoring and tax law obligations, which may also include any obligations under sales tax law or indirect tax obligations. The provider will be solely responsible of the obligations and duties of the offer content. Yanpy is entitled to verify the offer of the users and ask for the corresponding proofs.
The payment process shall take place under the following provisions:
The agreement arises by way of a total price shown at the end of the booking. This consists of the rent plus extras that can be rented by the customer (currently, Yanpy do not charge any processing fee to the customers when booking a boat). After a booking has been made, Yanpy notifies users of its content and the total price.
Yanpy is entitled to change the amount of processing fees at any time. This does not apply to leases already concluded. The provider will be notified of the amount of the processing fee by e-mail.
The Customer must pay the total price shown in the booking, by way of the channel chosen in the booking process. Yanpy receives the money from the customer on behalf of the owner and holds it for the owner in a non-interest-bearing trust account. If debt collection is unsuccessful, the customer must reimburse any additional costs incurred. This does not apply if the customer is not responsible for the failure of debt collection.
The customer will get confirmation from Yanpy after the owner accepts the reservation and will get the rental contract prepared and provided by the owner. After that Yanpy will charge the amount blocked.
In case the client does not show his disagreement with the contract provided by the owner within a maximum period of 24 hours from its reception, it will be understood that the client agrees with the contract and the payment of the reservation will be transferred to the owner.
The customer acknowledges that the service will be provided exclusively by the owner, in accordance with the contract they sign and that, therefore, he is solely responsible for it.
On conclusion of the booking process, the customer instructs Yanpy to transfer the rent to the provider 24 hours after the start of his stay in the rented Boat.
Since economic transactions between banks are no immediate, Yanpy will transfer the amount to the owner after receiving the amount by the customer. This time will be dependent on the payment method selected by the customer. Yanpy estimates (though not guarantee) the receipt of the client transfer, and sending transfer to the owner for a period between 2 and 10 days.
Yanpy will get from the total amount to be transfered to owner a percentage as a service fee.
The provider shall satisfy his obligation to pay the processing fee to Yanpy by way of Yanpy transferring this from the trust account to his own, so that the provider does not have to make any further payments.
YANPY DOES NOT CHARGE ANY FEE TO CUSTOMERS WHEN USING THE ONLINE PLATFORM.
On request, the Owner must issue the Customer with an invoice for the total price. On request, Yanpy will issue the Owner with an invoice for the processing fee, though this will be shown without sales tax or similar indirect taxes in accordance with tax law provisions, unless expressly stated otherwise in these regulations.
Unless Yanpy is notified otherwise, it is refutably assumed that the provider operates in a business capacity and is aware of his resulting (sales) tax obligations and satisfies these accordingly. Yanpy is entitled to demand corresponding evidence of the Owner’s business capacity.
Users are prohibited from circumventing the above booking and payment processes, in particular the processing fees.
The provider is entitled to charge a security deposit in his offer. If an Owner demands a security deposit from the Customer on the day of arrival, corresponding information on the amount of the security deposit and the payment method must have already been mentioned in the offer. The amount of the security deposit must be stipulated prior to the booking. It must also be clarified in advance when the amount must be paid (e.g. three months before arrival, in cash on arrival). The detailed security deposit information must be provided by using the services provided by Yanpy, this means, provided in the listing information or using the message exchange system between users in Yanpy.
If the owner did not mention the security deposit when advertising his Boat, but demands a security deposit at a later time and the Customer does not agree, this constitutes a refusal to render performance by the Owner under the agreed contract. In such cases, Yanpy reserves the right to cancel the booking and to charge the Owner a cancellation fee.
Yanpy is not responsible for the administration of security deposits or for any claims asserted by the Owner.
The website allows users to review each other after performance of the agreement. Reviews are intended to provide meaningful information on users' trustworthiness. The reviews are not reviewed in advance by Yanpy.
Users undertake to make only truthful statements in the reviews they submit and to comply with the corresponding legal provisions. The reviews expressed by users must not violate third-party rights, in particular personality rights. They must be objective and must not contain defamatory criticism.
Any use of the review system contrary to the purpose of the review system is prohibited. In particular, users are prohibited from issuing reviews about themselves or arranging for third parties to let information be known in reviews that is unrelated to the settlement of the underlying agreement, and are prohibited from using reviews for any purpose other than presentation on the website.
Yanpy does not intervene in the review system without justifiable grounds. Reviews issued will be neither amended nor removed by Yanpy unless Yanpy is legally and specifically required to do so. Reviews cannot be altered after they have been posted. They are saved permanently in a user’s reviews profile and can be viewed by all users. Yanpy is entitled to add notes to a review if this is useful for clarification and a better understanding of the review in question.
If reviews are abused by a user, Yanpy shall have the right to remove the review as an exception. This applies in particular if:
the review must be removed on account of an enforceable court ruling against those who issued the review;
the comment contains remarks that are vulgar, obscene, racist, not suitable for minors, or criminally offensive;
the review contains another member’s personal information, such as name, address, telephone number or e-mail address;
the review contains unauthorised links or scripts;
if a user has inadvertently posted a negative review for the wrong user, but has already corrected this error and assigned the same review to the correct user;
the review was issued by a person who was not authorised to make the booking;
the review comes from a user whose user account was blocked by Yanpy within 90 days of registration. This does not apply to user accounts that are blocked for non-payment of a processing fee or in situations where users are granted the opportunity to solve the problem and the user account is restored.
Both parties to the agreement can agree to withdraw a review that has already been issued. The review point will be removed and will no longer be included in the reviews profile.
See cancellation policies at www.yanpy.com/en/cancellations.
As a Customer, you are responsible for leaving the Boat in the condition it was in when you arrived. You acknowledge and agree that, as a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Boat. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Both the Owner and Customer will be able to send information to Yanpy in order to defend its position. Yanpy may consider this information to cancel a user account. Yanpy won´t be responsible for mediating between Owner and Customer and expected to resolve the incident in a friendly way.
Both Customers and Owners agree to cooperate with and assist Yanpy in good faith, and to provide Yanpy with such information and take such actions as may be reasonably requested by Yanpy, in connection with any complaints or claims made by Members relating to Boats or any personal or other property located at an Boat or with respect to any investigation undertaken by Yanpy or a representative of Yanpy regarding use or abuse of the Site, Application or the Services. If you are a Customer, upon Yanpy’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Owner, at no cost to you, which process will be conducted by Yanpy or a third party selected by Yanpy, with respect to losses for which the Owner is requesting payment from Yanpy.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at contact@yanpy.com or through the “Contact” (www.yanpy.com/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Yanpy and you hereby irrevocably assign to Yanpy and agree to irrevocably assign to Yanpy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Yanpy’s request and expense, you will execute documents and take such further acts as Yanpy may reasonably request to assist Yanpy to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
The user agreement is concluded for an indefinite period.
The user can terminate it at any time without notice. A declaration of termination to Yanpy in written form by e-mail to contact@yanpy.com is sufficient. User's leases with other users that have already been proven or arranged remain unaffected by the termination of the agreement. This applies accordingly to claims for the payment of processing fees already due.
In the event Yanpy terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Yanpy Account you will remain liable for all amounts due hereunder.
Please note that if your Yanpy Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
Yanpy can terminate the user agreement at any time.
This does not affect the right to block, the right to terminate for just cause or individually agreed rights of termination of the user. In particular, Yanpy has just cause if:
The user does not comply with a not merely insignificant payment obligation in full or in part, despite having been sent a reminder with an appropriate deadline;
The user violates his obligations under these General Terms and Conditions and does not take remedial action despite having been sent a reminder with a timely deadline. A reminder is not needed if this is not expected to be successful or if the breach is sufficiently severe that it would be unreasonable for Yanpy to maintain the agreement. Furthermore, the severity of the offence can also result from the fact that the user has already been warned several times for similar violations;
Requirements of law, a court, or an official authority mean that the use of the platform can no longer be offered in this form;
Yanpy discontinues its platform or business activities;
Insolvency proceedings are initiated for the user’s assets owing to a lack of funds.
If there are specific indications that a user is culpably violating legal provisions, thirdparty rights, or the General Terms and Conditions or if Yanpy otherwise has a legitimate interest, particularly with regard to protecting its users against fraudulent activities, Yanpy can take one or more of the following actions subject to termination without notice:
Issue the user with a warning;
Delete the user's offers or other content;
Restrict the user's use of the website;
Temporarily or permanently exclude (block) the user from the website;
Contest and cancel existing leases in the name of the Owner without taking into account the otherwise applicable cancellation policies, and reject the user’s offers for the conclusion of a lease in the name of the Owner.
Yanpy also takes the legitimate interests of the user in question into consideration when choosing these measures.
Leases that have already been concluded between the user and other users are not affected by deletion of an offer. This applies accordingly to claims for the payment of processing fees already due. An effective lease does not arise if Yanpy deletes an offer before it is accepted by a user.
Yanpy has the right to permanently block a user in each of the following cases. As far as reasonable, the user will receive prior warning by Yanpy so that it has the opportunity to dispel suspicion or take remedial action. If a previous warning is not reasonable, e.g. because blocking is necessary to prevent any damage to Yanpy or another user, the user will be subsequently informed by Yanpy of the blocking immediately, and then be given the opportunity to comment and take remedial action. The right to block a user exists if:
the user has repeatedly received negative reviews in the review system and must be blocked to protect the interests of other market participants;
the user has provided incorrect contact information in his user account, in particular an incorrect or invalid email address;
a user account is transferred to another party;
the user significantly harms other users, in particular if their Boats and/or furnishings are damaged, destroyed, stolen, etc.;
there is just cause due to similar risk and responsibility of the user.
After a user has been permanently blocked by Yanpy, he is not entitled to have the blocked user account or the reviews profile restored. The user will also no longer be permitted to use the website with other user accounts or to re-register.
Yanpy is fully liable for damages caused with intent or through gross negligence by Yanpy, its employees or agents, for fraudulent concealment of defects, if a guarantee was expressly assumed and for damages arising from injury to life, body and health.
Yanpy is liable for other damages only if they arise from violation of a duty whose fulfilment makes the proper implementation of the agreement possible and compliance with which is regularly trusted by the parties to the agreement. Its duty to pay compensation is limited to such damages considered typical for the agreement and foreseeable.
As Yanpy does not participate in the contractual relationship between the Customer and the Owner, Yanpy accepts no liability for contracts for Boats.
The client accepts that any complaint in this sense will be made directly and exclusively against the final service provider.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YANPY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YANPY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YANPY MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOATS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YANPY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YANPY OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR CUSTOMERS. YOU UNDERSTAND THAT YANPY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY BOAT. YANPY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY YANPY. NOTWITHSTANDING YANPY’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNER FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CUSTOMERS ON BEHALF OF THE OWNERS, YANPY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY BOATS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF YANPY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER YANPY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY BOAT VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YANPY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Yanpy and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Boat, or (iii) creation of a Listing; (d) the use, condition or rental of an Boat by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Boat;
Yanpy is authorised to transfer its rights and obligations under this agreement in full or in part to third parties.
This agreement is subject solely to the substantive laws of Spain.
If the user is a consumer, this does not affect the mandatory consumer protection regulations in which the consumer is ordinarily resident.
If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the other General Terms and Conditions are still valid. In the event of such a provision being invalid, it shall be replaced by a legal provision.
All declarations to be sent in connection with the user agreement to be concluded with Yanpy must be issued in writing or by email. The postal address and email address of a user are those that are stated as the current contact data in the user’s user account.
If you have any questions about these Terms, please contact Yanpy at contact@Yanpy.com or using the contact form in www.yanpy.com/contact www.yanpy.com/contact
