Yacht Delivery UK and Professional And Cost-Effective Yacht Deliveries Worldwide are provided directly by RYA/MCA Yachtmaster Offshore & Ocean Skippers. ScotSail® acts only as introductory agent.
Role of , and Relationship to, the Platform:
As OMA your legal and financial contract is direct with your named Professional Delivery Skipper(s) / DSC (Delivery Skipper / Company) severally and individually. GoAdventureSail.com / ScotSail / Quote4YourBoat.com branded website platform acts as intermediary agent and online booking and marketing platform only, authorised by you and the principal / end service provider / DSC to collect, process, store, manage and disburse your booking details and payment(s). You are NOT booking this service with the platform, nor with ScotSail, GoAdventureSail.com, Quote4YourBoat.com, nor any related companies or persons - if you book yacht or motor-boat delivery you are booking it with the end service provider - that is the actual named Delivery Skipper / Company ('DSC') - the platform is NOT the end service provider, and acts entirely on instruction from the party(ies) in relation to the technical and administrative aspects and bears no liability whatsoever for the nature, quality, character, description or performance of the service(s) agreed between you and the principal / end service provider. The Delivery Skipper(s) / DSC with whom you contract legally and financially - and directly - are not employed or otherwise sub-contracted by the Platform, this means that the Platform is not responsible for any act, omission or alleged negligence on the part of the Skipper(s), and you are declaring and signing that you 100% accept, understand and agree this without exception. The use of any logos, names, devices, trademarks, email addresses or domain-names, postal or office addresses, phone numbers or social media usernames to facilitate communications or administrative or transactional functions in no way shape or form constitutes any form of contract, implied or expressed, with the platform. The act of you making any payments using the Platforms' transaction and contract processing systems is that of you making a payment directly to the Delivery Skipper(s) / Company, and NOT to the platform itself - the platform is not making a 'supply' or 'sale' to you, the OMA. You and the DSC are hereby nominating the platform as a third party to hold funds on your behalf, and hereby request, require and authorise the platform to cause a payout of your funds to the DSC or any other party upon completion of the delivery voyage or service, and as per the terms and conditions, or other / additional conditions as may be agreed and notified to the platform. This includes processing any partial-payouts to satisfy a staged-payment arrangement, or to cover on-going travel costs or other expenses as they are incurred by the DSC. The DSC similarly request, requries & authorises the platform to cause any refunds, rebates, pro-rata or otherwise, as required by the terms and conditions herein, and agrees to hold the platform free from any all liability - financial or otherwise, in the event that such refunds or deductions take place. Any complaints, issues or claims about any matter pertaining to the DSCs' performance under this agreement shall be directed to the Delivery Skipper(s) / Company (DSC) with whom you have contracted, and not to the Platform, nor to their servants, agents, employees, contractors or any other associated persons. The platform is NOT a 'go-between', arbiter or communications relay in the case of a dispute or claim of damages between the parties, but may act upon their instruction in matters relating to their agreement. Both parties agree to communicate directly on such matters. Both the OMA and DSC severally and individually hereby agree to indemnify the platform against any losses or damages howsoever they may arise, out of their use and interaction with the platform.
Where any independent liability insurance held by the DSC is brought to bear in the event the OMA or other party lodges a competent claim, the terms of that insurance shall prevail in the material matters, however this clause being invoked shall not nullify any other term or condition of this agreement.
What Does The Platform Do?
The platform operated by GoAdventureSail.com and via other branded websites is a service that connects buyers and sellers (vessel owners and delivery skippers). It provides a means for vessel owners to find skippers, make an arrangement and sign a contract. It also provides a technical facility for skippers to charge their customers and to hold the funds prior to being paid out to the Skipper, pursuant to the terms agreed between the skipper and the vessel owner. The platform is ordinarily authorised by the Skippers to negotiate and conclude sales (made by the Skipper). Skippers will normally be charged a small fee by the platform, after the service has been carried out, which is normally based on the value of the services carried out, and subject to an agreement between the skipper and the platform. Skippers solely take the risks and the rewards for providing their professional services to vessel owners, and are 100% responsible for their own employment status and affairs, including accounting for and paying any taxes due by any territory or authority to which they are subject. The platform will enable skippers to receive a payment from vessel owners, whereby funds paid by the owner to the Skipper are charged and held by the platform as a mutually nominated, agreed and authorised third party - this is so as to provide owners with a degree of assurance that they do not have to pay a bank account directly what might be a larger sum of money, and then hand the keys of their vessel over to someone they have, potentially, never met. The platform agrees that whilst they are holding such funds, that they are responsible for their safe-keeping and for conveying or completing any payouts as directed and agreed by the parties, pursuant to the terms agreed between the parties. However owners and skippers may choose not to use this payment method and are free to agree a different means of payment between themselves.
What Does The Platform Not Do?
The platform does not take responsibility for the services provided by delivery skippers; the credit for their success or liability for any failures, damages or losses. The platform does not 'employ', contract, sub-contract or otherwise engage skippers to carry out vessel deliveries - Skippers and owners have a direct financial and legal contract for the provision of services. Skippers are not bound to use exclusively this platform service and are free to advertise or make available their services using any other similar means, such as other platforms, websites, marina noticeboards, social media, traditional advertising etc. Vessel Owners are not charged for using the platform service. The platform does not choose or recommend any particular Skipper on behalf of vessel owners - vessel owners themselves are free to accept or decline a quote, estimate or offer of service, or to choose a different delivery skipper. The platform does not conduct any in-depth background or criminal checks or any due diligence in relation to any party, vessel or matter, save for asking skippers to provide evidence of competence, qualifications and insurance to the Vessel Owner prior to their carrying out the services agreed. The platform does not conduct any passage planning, checking of routes, vessels, weather etc. - the platform does not engage in vessel deliveries in their role as an online marketplace platform connecting willing buyers with willing sellers. The platform does not indemnify any party in relation to vessel delivery or other such services carried out, nor does it provide any warranty, guarantee, insurance or statement-of-fitness in relation to any party or services agreed between the skipper and vessel owner. The platform does not arbitrate, conduct investigations, make findings or carry out surveys. The platform does not become involved in disputes between the parties, save in a very limited set of circumstances.
What if the vessel is damaged, destroyed, I have a complaint or wish to raise a claim against the skipper?
Such matters or claims must be addressed directly to, and dealt with by, the delivery skipper with whom you have contracted and whom you have a direct legal and financial contract. Their contact details are in the contract you have signed with them. You must not send any such complaint or claim to the platform as we are unable to deal with it. If the skipper does not arrive to start the services as agreed, or, for example, were to engage in a potentially criminal act such as making off with an owners' vessel, then the vessel owners may request the platform initiate a full refund on behalf of the skipper. However, it is not grounds to request a refund, holding or arrestment of funds you have paid to your chosen delivery skippers merely because a vessel owner or their legal / insurance representative makes a complaint, or a claim of damages, losses or of vessel owners incurring costs or liabilities as a result of any services being carried out. Such matters are entirely separate to the services being carried out and, whilst vessel owners may well have a valid claim against the skipper, that is between the owner and skipper directly after-the-fact: if the delivery has been carried out according to the terms, the skipper will receive your payment by default after completion. If vessel owners wish to request a full or partial refund from their Skipper for any reason, they must address such a request or claim directly to their skipper, and come to a suitable agreement between themselves. If the Skipper wishes to provide a full or partial refund as a result of any such complaint or claim they can do so directly using any number of commercially available payment transfer services - or they may choose to process such a refund via the platform if they choose to transmit these funds to the vessel owner via the platform. The platform does not pay out for any claims made against the skipper as the platform is not legally or financially responsible for the services agreed between the parties.
