Terms and Conditions
These Terms and Conditions (“Terms”) govern the relationship between HoliSail LLC, a limited liability company organized under the laws of the USA (“HoliSail,” “we,” “our,” or “us”) and any individual or entity (“Client,” “you,” or “your”) who books or participates in a sailing tour arranged through HoliSail.
By accessing, browsing, and using our website located at https://holisail.com (the “Platform”) and/or by completing a reservation, you acknowledge and agree that you have read, understood, and accepted these Terms (including our Privacy Policy and Cookies Policy).
Do not continue to use https://holisail.com/ if you do not agree to all of the terms and conditions stated on this page.
1. Definitions
- “Platform” means HoliSail’s website (https://holisail.com) and any mobile applications or other digital interfaces that HoliSail may operate now or in the future.
- “Charter Company” means a third-party company in Greece that provides the vessel used for the sailing tour.
- “Skipper” means the professional appointed by HoliSail to operate the vessel, who possesses all required licenses and certifications under the Greek law.
- “Tour” means the sailing experience arranged by HoliSail, including the itinerary, whether predefined or customized, which may be subject to change due to weather, operational, or other conditions beyond HoliSail’s control.
- “Client” means the person(s) booking or participating in the Tour.
2. Scope of Services
2.1 Tour Arrangement. HoliSail arranges and coordinates private sailing Tours in Greece, providing a curated itinerary and a professional Skipper for the duration of each Tour.
2.1.1 Customized Tours. Tours may be customized based on the Client’s completed questionnaire. HoliSail works with the Client to design a personalized itinerary, including destinations, activities, and timing. All Tours are subject to weather, operational requirements, and other circumstances beyond HoliSail’s control.
2.1.2 Predefined Packages and Shared Bookings. Predefined Tour packages are not always available and are posted on the Platform periodically at HoliSail’s discretion. For predefined packages, HoliSail may, upon Client request, offer to pair Clients with other individuals wishing to join, selling per-cabin bookings where applicable. These arrangements remain subject to weather, operational requirements, and the discretion of the Skipper.
2.2 Charter of Vessels. The vessels used for Tours are always provided by third-party Charter Companies in Greece. The contract for use of the vessel is between HoliSail and the Charter Company; however, all payments for the Tour are collected by HoliSail from the Client. HoliSail will allocate the necessary funds to the Charter Company and Skipper as part of the Tour package.
2.3 Limitations of Responsibility. HoliSail is responsible for the coordination of the Tour and the provision of a licensed Skipper. HoliSail is not the owner, operator, or lessor of the vessels. The operation, condition, and availability of the vessel remain subject to the Charter Company’s terms and applicable Greek maritime laws and regulations.
2.4 Changes to Tour. All aspects of the Tour, including itinerary, stops, and schedule, are subject to change due to weather, operational requirements, or other circumstances beyond HoliSail’s control, in accordance with Greek maritime safety regulations. The Skipper retains final authority over the safety and operation of the vessel during the Tour, as required by Greek law.
2.5 Additional Services. HoliSail may, at the Client’s request, provide coordination or referrals for:
- Transportation to and from the vessel.
- Third-party travel insurance providers.
- Additional on-board services or excursions (e.g., scuba diving, fishing trips, guided activities).
All such additional services are organized by HoliSail but executed by third-party providers, for which HoliSail is not responsible for performance, quality, or outcomes. Clients acknowledge that payment for these services is made directly to the third-party provider, unless otherwise agreed in writing by HoliSail.
2.6 Client Acknowledgment. By booking a Tour, the Client acknowledges and accepts that:
- HoliSail arranges the Tour on behalf of the Client but is limited to coordination and Skipper provision.
- Certain terms, including cancellation, refund, and operational policies, are set by the Charter Company.
- Tours are inherently subject to maritime and weather conditions.
3. Booking and Payment
3.1 Booking Process. Clients may book a Tour by completing a questionnaire for a customized offer or, in some cases, by selecting a predefined Tour. A booking is considered confirmed only once HoliSail has received full or partial payment as required, depending on the vessel, Tour, start date, and applicable Charter Company terms, and written confirmation has been issued.
3.2 Payments. All payments, which may consist of one or more installments as agreed at the time of booking, for the Tour excluding deposits, are made directly to HoliSail. Clients acknowledge that HoliSail may subsequently allocate such funds to third parties, including but not limited to Charter Companies and Skippers, at its sole discretion. HoliSail is not required to disclose any breakdown of costs or fees relating to vessel rental, crew, or other services.
3.3 Deposits. Any deposit required by the Charter Company for the Tour shall be disclosed to the Client at the time of booking and is to be paid directly to the Charter Company on the day of the Tour’s start, in accordance with the Charter Company’s policies. Clients acknowledge that deposit amounts and payment procedures are determined by the Charter Company and may vary depending on the vessel, Tour, or start date.
3.4 Payment Methods. Payments (other than deposits) may be made via the methods displayed on the Platform at the time of booking. HoliSail reserves the right to change or limit available payment methods.
3.5 Confirmation. Once full or partial payment (excluding deposits) is received, HoliSail will send a confirmation email or other written notice to the Client, which constitutes the official acknowledgment of the booking.
3.6 Non-Payment or Payment Failure. HoliSail reserves the right to cancel any booking if payment is not received according to the agreed schedule or if a payment is declined. Clients who fail to comply with the payment schedule are not entitled to any refund of amounts already paid. HoliSail shall have no liability for any associated costs or losses incurred by the Client due to such cancellation.
4. Cancellation and Refunds
4.1 Charter Company Policies. All cancellations and refunds are subject to the policies of the Charter Company providing the vessel. HoliSail will make all relevant Charter Company cancellation and refund policies known to the Client at the time of booking the corresponding vessel.
4.2 HoliSail’s Role. HoliSail acts as an intermediary and coordinator. HoliSail does not have the authority to modify or override the Charter Company’s cancellation or refund policies.
4.3 Client Acknowledgment. By booking a Tour, Clients acknowledge and accept that:
- Cancellation and refund terms are determined by the Charter Company.
- HoliSail is responsible only for communicating these policies and facilitating payment and coordination.
4.4 Timing of Refunds. Any refunds due in accordance with the Charter Company’s policies will be processed directly by HoliSail unless otherwise specified, and in compliance with the timelines set by the Charter Company.
4.5 Deposits. Deposits paid directly to the Charter Company on the day of the Tour’s start are subject to the Charter Company’s rules. Deposits are generally refundable, provided that the Client and any accompanying guests have not caused damage to the vessel, unless stated otherwise by the Charter Company.
4.6 Force Majeure. If a Tour is canceled due to circumstances beyond HoliSail’s or the Charter Company’s reasonable control (including, but not limited to, adverse weather, natural disasters, governmental restrictions, or health emergencies), refund eligibility will be determined by the applicable Charter Company policies.
5. Client Responsibilities and Liability
5.1 Compliance with Rules. Clients agree to comply with all safety instructions, guidelines, and regulations provided by HoliSail, the Skipper, and the Charter Company during the Tour.
5.2 Interior Damages. Clients are responsible for any damage, loss, or breakage to the interior of the vessel caused by themselves or their guests. Clients may be required to cover repair or replacement costs for such damages.
5.3 Exterior Damages. The Skipper is responsible for any damage to the exterior of the vessel during normal operation.
5.4 Safety and Conduct. Clients must act responsibly, follow the Skipper’s instructions, and ensure the safety of themselves and others on board. HoliSail reserves the right to remove any Client who fails to comply with safety instructions or engages in unsafe or disruptive behavior, without refund.
5.5 Personal Property. Clients are responsible for their personal belongings during the Tour. HoliSail is not liable for loss, theft, or damage to personal property.
5.6 Insurance. Clients are strongly encouraged to obtain travel insurance covering personal injury, medical expenses, and cancellation. HoliSail may recommend insurance providers but does not require Clients to purchase through its partners.
5.7 Limitation of Liability. To the fullest extent permitted by law, HoliSail’s liability for any loss, damage, or injury arising from the Tour is limited to matters directly caused by HoliSail’s gross negligence or misconduct. HoliSail is not responsible for losses or damages resulting from:
- The acts or omissions of the Charter Company or Skipper.
- Weather, natural events, or other conditions beyond HoliSail’s control.
- Any third-party services or excursions organized by HoliSail but executed by others.
Clients acknowledge and accept that sailing and maritime activities inherently involve risks, and they voluntarily assume such risks when participating in a Tour.
6. Governing Law and Dispute Resolution
6.1 Governing Law. Except as expressly provided below, these Terms and any disputes arising out of or relating to the booking or participation in a Tour shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles. Matters relating to the operation, safety, and use of the vessel, including compliance with maritime regulations, shall be governed by Greek law.
6.2 Jurisdiction. Except for matters governed by Greek law as described above, any dispute, claim, or controversy arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the State of Wyoming, USA, and the parties hereby consent to the personal jurisdiction of such courts. For matters governed by Greek law, including vessel operation or maritime safety, Clients may be subject to the jurisdiction of Greek courts and authorities as required under Greek law.
6.3 Good Faith Resolution. Prior to initiating any legal proceedings, the parties agree to attempt to resolve disputes in good faith through informal negotiations or mediation.
6.4 Severability. If any provision of these Terms is held to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
7. Privacy and Cookies
7.1. Cookies. HoliSail employs the use of cookies on the Platform. By accessing https://holisail.com/, Clients agree to the use of cookies in accordance with HoliSail LLC’s Privacy Policy.
7.2 Purpose of Cookies. Cookies help enhance the functionality of the Platform, remember user preferences, and provide a smoother, more personalized experience.
7.3 Third-Party Cookies. Some of HoliSail’s partners or advertising affiliates may also use cookies on the Platform. HoliSail does not control the use of such third-party cookies.
7.4 Managing Cookies. Clients may manage or disable cookies through their browser settings, but some Platform features may not function correctly if cookies are disabled.
8. Reviews and Testimonials
8.1 Publication and Moderation. HoliSail may publish, remove, or modify reviews and testimonials at its discretion. Moderation will be conducted in good faith to ensure content is not offensive, defamatory, or in violation of these Terms, consistent with applicable free speech principles.
8.2 Client Acknowledgment. Reviews reflect the opinions of the author and not HoliSail, its affiliates, or agents.
9. Intellectual Property and License
9.1 Ownership. Unless otherwise stated, HoliSail LLC and/or its licensors own all intellectual property rights for content on the Platform, including text, images, graphics, videos, logos, and software. All rights are reserved.
9.2 License. Clients are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes related to booking and participating in Tours, subject to these Terms.
9.3 Restrictions. Clients may not:
- Republish, reproduce, or redistribute material from the Platform;
- Sell, rent, sublicense, or otherwise exploit Platform content commercially;
- Modify or create derivative works from Platform content;
- Use Platform content in any way that infringes HoliSail’s intellectual property rights.
10. Hyperlinking and Third-Party Links
10.1 Hyperlinking. Certain organizations (e.g., government agencies, search engines, news organizations) may link to HoliSail’s website without prior written approval, provided the link is not misleading, deceptive, or implying endorsement. All other link requests require HoliSail’s prior written consent.
10.2 Third-Party Links. The Platform may contain links to third-party websites. HoliSail is not responsible for the content, accuracy, or practices of such third-party sites and disclaim any liability for damages or losses resulting from their use.
11. Disclaimer and Limitation of Liability
11.1 No Warranties. The Platform, Tours, and related services are provided “as is” without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement.
11.2 Inherent Risks. Sailing and maritime activities involve inherent risks. Clients voluntarily assume all risks associated with participation in a Tour.
11.3 Limitation of Liability. To the maximum extent permitted by law, HoliSail shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the Platform, booking, or participation in Tours, including damages caused by:
- Acts or omissions of Charter Companies or Skippers;
- Weather, natural events, or other conditions beyond HoliSail’s control;
- Third-party services organized by HoliSail but executed by others.
11.4 Mandatory Exceptions. Nothing in this disclaimer limits liability for death, personal injury, or fraud, to the extent prohibited by law.
11.5 Indemnity. Clients agree to indemnify and hold harmless HoliSail, its affiliates, officers, and employees from any claims, liabilities, damages, or expenses arising from their breach of these Terms or negligent actions.
12. Amendments to Terms
12.1 Amendments. HoliSail reserves the right to update or modify these Terms at any time; updates take effect immediately upon posting on the Platform.
13. Miscellaneous
13.1 Entire Agreement. These Terms, together with any documents expressly incorporated by reference (including the Privacy Policy), constitute the entire agreement between the Client and HoliSail regarding the subject matter herein and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
13.2 Electronic Communication. Clients agree that all communications, confirmations, notices, and disclosures from HoliSail may be provided electronically via email, the Platform, or other digital means and that such communications satisfy any legal requirement for written notice.
13.3 Waiver. Failure by HoliSail to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it in the future.
