SeaBookings Terms of Service for MTOs
Last updated: February 2019
SeaBookings is an online service that enables customers to discover, compare, and book sea experiences. SeaBookings offers a variety of sea experiences made available by third-party suppliers through SeaBookings and its affiliates’ websites. These Terms of Service for MTOs (Maritime Tour Operators) apply to the contracts between SeaBookings and the suppliers of tours and activities – the MTOs.
The terms “we”, “us”, “our” and “SeaBookings.com” refer to SEABOOKINGS, UNIPESSOAL LDA, a Portuguese corporation. The term “you” and “MTO” refer to the MTOs providing services through SeaBookings.com.
These Terms of Service (the “Agreement”), By using the services of SeaBookingsor providing information to us, the MTOs agree to the terms and conditions of this Agreement. Please read the Agreement carefully.
We may change the Agreement at any time. Your continued use of the services after such change signifies your acceptance of the updated Agreement. The date that revisions were last made to the Agreement are noted at the top of this page. Please make sure you are aware of the most current version of the Agreement. As our official language is English, this Agreement is only available in English and we assume you understand it.
To be a supplier to SeaBookings, the MTO need to assure the following criteria:
- Company is registered at the local tourism board and operates respecting nature;
- Tours / activities have got a fixed schedule (e.g. high season, from May to September, every day at 10h and 15h and low season, from October to April, Saturdays at 10h and Sundays at 15h.) or, in case, the schedule is flexible, please provide a guideline (ex. full-day is from 10-17h and half day from 10-13h or 14-17h);
- Tours / activities have a good rating on TripAdvisor;
- Place a reference on your website to announce the partnership with a link to SeaBookings.com;
- The rates, availability, inclusions and exclusions for the MTO’s service, and mandatory fees made available through SeaBookings have to be equal to or better than those made available through their own or third party channels. Customers who book a service through SeaBookings will be treated at least as well as customers who book directly with the MTO.
To be a supplier to SeaBookings, the MTO need to assure the following criteria:
- Pay at least 20% commission on sales through SeaBookings (unless mutually otherwise agreed upon);
- Guarantee that the PVP on SeaBookings are the same as the ones the MTO presents on their own website. The PVP always includes VAT;
To receive the money of the booking (minus the commission), two situations may apply (unless mutually otherwise agreed upon):
- Full amount: the customer pays the full amount of the activity on the moment the booking is made. In this case, through the use of Stripe, the MTO gets their part of the booking (full amount minus SeaBookings’ commission) within seven days on their Stripe account. The transaction costs are paid by the MTO. More information about Stripe and payouts can be found here.
- Deposit: SeaBookings receives their commission on the moment the booking is made and the remaining amount is paid directly to the MTO on the day of the activity.
- Discounts: both SeaBookings and the MTOs may practice discounts to promote certain tours or schedules. The discount may be given by SeaBookingsor the MTO, but always subject to mutual agreement.
- Invoicing: The MTO is obliged to provide customers with a proper invoice that complies with all applicable tax requirements.
Confirmation of Bookings
Unless mutually otherwise agreed upon, the MTO receives a booking request per email and should confirm availability as soon as possible by replying to the email or contacting SeaBookingsby phone. In case of no availability, the MTO should present alternatives (i.e. different times or boats for example).
The MTO only accepts bookings by persons fully capable of acting and with full legal competence. Legal persons have to act by a duly authorized person. The MTO reserves the right to cancel bookings when incorrect information has been provided by the user. In these situations, the price paid cannot be refunded.
Update of information
The MTO should always inform SeaBookings of any changes in the descriptions of the activities (i.e. new route or different inclusions or exclusions), in price and schedules as soon as possible by email or, preferably, by updating this information themselves, using the booking management system.
If prices are not updated because the MTO forgot to inform SeaBookings or did not update them using the system and a booking has been made according to the old pricing, the MTO accepts the previous prices (unless the prices have decreased).
No refunds are available once a sea experience has commenced. The general cancellation policy is as follows: If a customer cancels at least 7 days in advance of the scheduled departure of their sea experience, there is no cancellation fee (exceptions may apply if customer has been informed about this accordingly). If a user cancels between 3 and 6 days in advance of the scheduled sea experience, there is a 50% cancellation fee. When a cancellation is done within 2 days of the scheduled departure, there is a 100% cancellation fee. In the last two cases, customers are obliged to pay the half or full price of the service, which is transferred to the MTO, minus the commission. In case of charters or special request, an exceptional cancellation policy may apply. This should be explicitly agreed between the operator, the customer and SeaBookings.
The MTO can cancel the activity in the following situations:
- Bad weather and sea conditions;
- Governmental actions;
- Unforeseeable or unavoidable external circumstances;
- In these cases, the customer will be fully refunded;
If an MTO unjustifiably or with negligence fails to deliver or cancels services that have been booked through SeaBookings.com, the MTO agrees to fully refund the affected customer.
In case of a no-show (i.e. a customer does not appear without any notice), the MTO will receive the amount of the booking minus the commission and may fill the seats with last minute bookings that may appear.
Complaints about the service provided by the MTO are to be dealt with by the MTO. SeaBookings is not responsible for any liability in respect of such complaints from customers. SeaBookings may offer customer support services to a customer, act as intermediate between the MTO and the customer and provide an alternative service of an equal or better standard in the event of an overbooking or other complaints at the costs and expenses of the MTO.
Insurance and Liability
The MTO is liable according to applicable law. The liability is excluded to the extent permitted by applicable law. The MTO assures it has all insurances required to operate the activities made available through SeaBookings.
SeaBookings is not reliable for the acts, errors or misconduct of any MTOs or for personal injuries, death, property damage or other damages resulting from a booking through SeaBookings.com. SeaBookings has no liability and will not make any refunds in the event of any delay, overbooking or other causes beyond our direct control. Only in the case of bad weather and/or ocean conditions, SeaBookings, after first attempting to reschedule or find an alternative experience, will fully refund.
Privacy and Data Protection of the Customer
The MTO agrees that they have in place and will maintain adequate security procedures and controls to prevent the unintended disclosure any personal data or information of any customer. The MTO may engage in marketing or similar communications with any customer that has booked their activities through SeaBookings. Yet, the customer should be able to unsubscribe from these communications at any time. Therefore, the MTO’s should have a clear “unsubscribe” button on their email marketing campaigns. The MTO’s affiliates, however, will not engage in any marketing or similar communications with any customer that has booked through SeaBookings without such customer’s expressive consent.
The MTO grants SeaBookingsa non-exclusive, royalty free and worldwide right to:
- Use, reproduce, distribute, sublicense, display and utilize (including without limitation to modify, adapt, copy, translate and make available to the public in any manner whatsoever) the provided content like information about activities and pictures;
- SeaBookings may offer this content in collaboration with affiliated companies and/or third parties;
- In no event shall SeaBookings be liable to the MTO for any acts or omissions on the part of any third party platforms. The sole remedy would be to request SeaBookings(which has the right and not the obligation) to disconnect with such third party platform;
Marketing and Advertising
SeaBookings is entitled to promote the services of the MTOs in online marketing, including e-mail marketing and/or PPC advertising. It is in SeaBookings’ sole discretion how to advertise the services of the MTOs on its website or on third party websites and in online affiliate networks.
Use of Data for Marketing Purposes
SeaBookings uses the MTOs’ data for marketing activities, such as for sending emails, and updates.
We wish to obtain the following declaration of consent: I agree that every month, SeaBookings will send me useful information about the maritime tourism industry by email. You may revoke this consent with SeaBookings at any time. All that is necessary is to send an email to: [email protected].
Use of the online booking system
The following terms of service apply to the MTOs that use the SeaBookings online booking system.
SeaBookings will use firewalls and other technology to prevent unauthorised third party access to its computer systems storing their account data as well as available encryption technology to prevent unauthorised third-party access. However, SeaBookingsis not be liable in the event that its use of firewalls and other technology fails to prevent unauthorised third party access to the account data of the MTO or its website or its use of encryption technology fails to prevent unauthorised third-party access.
Privacy and Data Protection of the MTO
SeaBookings collects different information about the various parties who may utilize its services. This includes information about MTOs and their customers, agents and resellers. We collect and use this information to operate our website and booking system. We will use your personal information to provide you with: technical support, billing and credit control, sales support, product upgrades and information. Another reason why we keep your data is for statistical reasons. As such, we keep your data for 20 years.
SeaBookings will treat all information collected from MTOs and their customers, agents and resellers as strictly confidential. SeaBookings will never rent or lease its customer lists to third parties. SeaBookings will not reveal, disclose, sell or pass onto any third party (other than those who are contracted or supply services to SeaBookings including of spam filter operators) any of the MTOs personal information unless we have your express consent to do so.
We will disclose the MTOs personal information, only:
- if we are required to do so by law or legal process served on us in relation to our business or website;
- to protect and defend the rights or property of SeaBookings.com;
- if we consider it necessary to do so in order to enforce or apply the terms of any of our agreements with you;
- if we sell our business or part of it; and
- in extreme circumstances, to protect the personal safety of users of SeaBookings’ services, its web site, our staff or the public.
Upgrades & Maintenance
SeaBookings will regularly release modifications or upgrades to the booking system but is under no obligation to do so. You consent to us modifying or upgrading the system without your knowledge.
You acknowledge that SeaBookings may be required to undertake scheduled or unscheduled maintenance and this may cause interruptions to the services. You may not be able to process bookings during this time or otherwise access our website. Where practicable we will provide you with at least 2 days notice about any scheduled downtime.
SeaBookings does not warrant that:
- The booking system will meet your requirements and expectations;
- The booking system will be compatible with your computer and communications systems;
- Your access to the booking system will be uninterrupted or error free.
Changes to these Terms of Service for MTOs
These Terms of Service for MTOs are subject to change without prior notice. The terms that are valid at the time of each booking shall apply. The MTO has no claim that future bookings be completed under existing conditions.