Provider Terms & Conditions

Find a Sail | General Terms and Conditions (“GTC”) 

Effective Date: 20th March 2025

Welcome to Find a Sail! We are excited to partner with you in delivering exceptional sailing experiences to enthusiasts around the world. These General Terms and Conditions (“GTC”) form an integral part of the Provider Agency Agreement (the “Agency Agreement,” and together with these GTC, the “Agreement”) entered into between a Provider and Find a Sail s.r.o. (each a “Party” and collectively the “Parties”). The Agreement covers key aspects such as listing and promoting your Sailing Experiences, maintaining service quality, financial terms, compliance with legal requirements, and dispute resolution. Our goal is to create a win-win relationship that benefits both Parties, enhancing your reach and helping more Users discover and enjoy your services. 

 

1. Definitions

Key Terms 

• “Platform”: The online marketplace operated by Find a Sail, facilitating connections between Users and Providers. 

• “User”: An individual who uses the Platform to search for and book Sailing Experiences. 

• “Provider”: A sailing school or experience provider listing their services on the Platform. 

• “Sailing Experiences”: The courses, charters, and experiences offered by Providers through the Platform. 

• “Confirmed Booking”: Occurs when a Provider approves a User’s booking request and the User confirms with an obligation to pay. 

 

2. Find a Sail’s Role

Find a Sail acts solely as a facilitator, connecting Users and Providers. Find a Sail does not handle payments, manage, or take responsibility for the Sailing Experiences. All contracts for Sailing Experiences are directly between the Provider and the User. 

 

3. Provider Responsibilities

3.1 Listing and Promotion 

• Providers must create and maintain accurate listings for their Sailing Experiences, including up-to-date availability, pricing, and content. 

3.2 Provider Terms and Conditions 

• Providers must upload and keep current their own Terms and Conditions through their profile dashboard, including cancellation policies, refunds, data protection, and other essential terms. Users acknowledge these upon booking request. 

3.3 User Interaction and Response Times 

• Providers should respond to User inquiries and booking requests within 48 hours. 

3.4 Service Quality 

• Providers are expected to maintain high service standards. If multiple negative feedback reports are received, Find a Sail may investigate and potentially suspend or terminate a Provider’s account. 

3.5 Compliance and Certifications 

• Providers must possess and maintain all necessary qualifications, certifications, and adhere to local regulations and safety standards. 

• Providers must promptly update Find a Sail with any changes to their qualifications or certifications, especially if recognition by any institution (e.g., RYA, IYT, ASA) is suspended or revoked. 

3.6 Complaint Handling 

• Providers are responsible for handling complaints related to their services promptly and efficiently. 

• Providers and Find a Sail should collaborate to address and resolve complaints, using feedback to improve processes and enhance the overall customer experience. 

3.7 Independence 

• Providers operate independently and are not employees, agents, or legal partners of Find a Sail. 

3.8 Direct Contracts with Users 

• Providers enter into direct contracts with Users upon booking confirmation. Providers are responsible for upholding all terms and conditions, including those related to cancellation and refunds. 

 

4. Find a Sail Responsibilities

4.1 Platform Availability 

• Find a Sail strives to maintain high platform availability and provide timely support responses. 

4.2 Marketing and Promotion 

• Find a Sail will actively promote the Platform and the Provider’s Sailing Experiences to attract Users and increase bookings. 

4.3 Feedback and Improvement 

• Find a Sail will regularly collect feedback from Users and Providers to improve the Platform and its services. 

 

5. Financial Terms

5.1 Commission Structure 

• A commission is charged on the total value of each Confirmed Booking, including any applicable taxes, as specified in the Agency Agreement. 

5.2 Payment Terms 

• Invoices are issued monthly, covering all Confirmed Bookings from the previous calendar month. Providers must remit payment within 30 days of the invoice date. 

5.3 Handling Cancellations and Reschedules 

• If the Provider cancels a booking and issues a full refund to the User, the Provider will not owe a commission upon providing evidence of the cancellation and refund. 

• If the Provider reschedules a booking, the commission remains due. 

5.4 Non-Payment Reporting 

• If a User fails to pay or communicate, the Provider must report this with evidence within 30 days. Acceptable evidence includes e-mail correspondence and payment records. 

5.5 Pricing and Parity 

• Providers must ensure that prices listed on the Platform are not higher than their regular prices on other platforms or direct sales channels. 

5.6 Total Price Transparency 

• The total price paid by the User, including all applicable taxes and fees, must be clearly indicated in the listing. 

 

6. Commission Circumvention

Providers agree not to attempt to circumvent the commission system. This includes but is not limited to: 

• Communicating with the User to facilitate direct booking before a Confirmed Booking is made through the Platform. 

• Providing misleading information about a User not following through with the booking after a Confirmed Booking. 

• Encouraging or incentivizing Users to cancel their booking on the Platform to rebook directly with the Provider. 

• Manipulating or misrepresenting booking details to avoid paying the due commission.
• Embedding direct contact links (e.g., website, phone, email) in course descriptions, listing fields, or messages with the intent or effect of redirecting Users away from the Platform.

Any such attempts may result in immediate suspension or termination of the Provider’s account.  

 

7. Compliance and Legal Requirements

7.1 Tax Handling 

• Providers are responsible for understanding and complying with their local tax regulations, including reporting and remitting taxes accordingly. 

7.2 Data Protection 

• Providers must comply with relevant data protection laws applicable to their operations, including but not limited to GDPR, CCPA, and other local data protection regulations. 

• Providers must ensure the confidentiality and security of User data. 

• The Parties process personal data independently, in their own name, solely for their own purposes, and only to the extent necessary. 

• The Provider agrees to transfer or make personal data available to Find a Sail (and Find a Sail agrees to do the same with the Provider) only in cases and to the extent strictly necessary, and only if such disclosure is permitted under applicable laws, including legislation relevant to IT governance and data protection. 

• The Provider is responsible for informing its employees and other connected individuals about the collection and processing of their personal data by Find a Sail in accordance with this agreement. 

7.3 Intellectual Property 

• Providers retain ownership of their content, but grant Find a Sail a non-exclusive, worldwide, royalty-free license to use, display, and distribute this content on the Platform. 

• Providers must ensure they have the rights to use and distribute any content they upload to the Platform. 

7.4 Compliance with Local Laws 

• Providers must comply with all local laws and regulations applicable to their services, including health and safety regulations, maritime laws, and consumer protection laws. 

7.5 Legal Disputes 

• Providers must cooperate with any legal investigations or disputes involving their services on the Platform. 

• Providers are responsible for any legal costs arising from their non-compliance with laws and regulations. 

 

8. Confidentiality

8.1 Confidential Information 

• Both Parties agree to keep all confidential information private. Confidential information includes, but is not limited to, business strategies, pricing, customer data, proprietary information, and any other non-public information designated as confidential. 

8.2 Obligations 

• Use of confidential information is allowed solely for the purpose of fulfilling obligations under this Agreement. 

• The Parties are obliged to take reasonable steps to prevent unauthorized disclosure. 

• The Parties are obliged to restrict access to confidential information to those who need to know and are bound by similar confidentiality obligations. 

8.3 Exceptions 

• Confidentiality obligations do not apply to information that: 

• Is or becomes publicly known through no breach of this Agreement. 

• Was rightfully known by the receiving Party before disclosure. 

• Is independently developed by the receiving Party. 

• Is disclosed with prior written consent. 

• Is required to be disclosed by law. 

8.4 Duration 

• These obligations remain in effect for three years after termination of this Agreement. 

8.5 Return or Destruction of Information 

• Upon termination of this Agreement or upon request, the receiving Party shall return or destroy all confidential information. 

 

9. Dispute Resolution

9.1 Initial Resolution 

• Parties should first attempt to resolve any disputes through direct communication. 

9.2 Mediation  

• If direct negotiation fails, disputes may be resolved through mediation as agreed upon by the Parties. 

9.3 Detailed Procedures 

• Notification: The Party raising the dispute must notify the other Party in writing, outlining the nature of the dispute and relevant details. 

• Resolution Meeting: Both Parties agree to meet (virtually or in-person) within 30 days of the notification to discuss the dispute in good faith. 

• Mediation: If unresolved, the Parties may engage a neutral third-Party mediator. 

• 9.4 Governing Law and Jurisdiction 

• This Agreement shall be governed by the laws of Czechia, and any disputes shall be subject to the exclusive jurisdiction of the courts located Czechia. 

 

10. Termination

10.1 Notice Period 

• Either Party may terminate this Agreement with 14 days’ written notice. 

10.2 Immediate Termination 

• Immediate termination may occur in cases of serious misconduct, including repeated negative feedback, violation of terms, or attempts to circumvent the commission structure. 

10.3 Outstanding Commission 

• Any due commissions remain payable upon termination. 

10.4 Renewal 

• This Agreement will automatically renew on an annual basis unless terminated by either Party with 14 days’ written notice before the renewal date. 

 

11. Safety and Liability

11.1 User Safety 

• Providers must ensure a safe environment for Users participating in Sailing Experiences, following all relevant safety regulations and guidelines. 

11.2 Liability Insurance 

• Providers must maintain appropriate liability insurance to cover any potential incidents or accidents that may occur during Sailing Experiences and provide proof upon request. 

11.3 Liability 

• Providers are solely responsible for their actions and services. 

• Providers agree to indemnify and hold Find a Sail harmless from any claims, damages, or liabilities arising from their services or breach of this Agreement. 

11.4 Limitation of Liability 

• Find a Sail shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising from or in connection with the use of the Platform or services provided, even if advised of the possibility of such damages. 

• Find a Sail’s total liability to the Provider for any claim arising out of or relating to this Agreement shall not exceed the amount of commission paid by the Provider to Find a Sail in the twelve months preceding the event giving rise to the claim. 

 

12. Force Majeure

12.1 Non-Performance Circumstances 

• Neither Party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is caused by circumstances beyond their reasonable control, including natural disasters, pandemics, war, terrorism, including cyber-terrorism, civil unrest, government actions, labor strikes, and other unforeseen events. 

12.2 Notification and Mitigation 

• Notification: The affected Party shall promptly notify the other Party in writing of the force majeure event. 

• Mitigation: Take all reasonable steps to mitigate the effects and resume performance as soon as possible. 

• Communication: Keep the other Party informed of significant developments. 

12.3 Duration and Termination 

• If the force majeure event continues for more than 30 days and significantly impacts performance, either Party may terminate the Agreement by providing written notice. Neither Party shall have liability except for obligations accrued prior to the event. 

 

13. Indemnification

13.1 Provider Indemnity 

• Providers agree to indemnify and hold Find a Sail harmless from any claims, damages, or liabilities directly arising from: 

• Services Provided: Any claims resulting from the services provided by the Provider, including personal injury and property damage. 

• Breach of Agreement: Any breach of this Agreement by the Provider. 

• Legal Compliance: Failure to comply with applicable laws, regulations, or industry standards. 

• Intellectual Property: Claims that the content provided by the Provider infringes on third-Party intellectual property rights. 

13.2 Scope 

• The indemnity covers: 

• Direct Damages: Any direct damages arising from the Provider’s actions or omissions. 

• Legal Costs: Reasonable attorney fees and legal expenses incurred by Find a Sail. 

13.3 Procedure 

• In the event of a claim: 

• Notification: Find a Sail will promptly notify the Provider in writing. 

• Cooperation: Find a Sail will provide reasonable cooperation in the defense of the claim. 

 

14. Amendments and Updates

14.1 Process 

• Find a Sail may amend or update these GTC at any time. 

14.2 Notification 

• Providers will be notified of any amendments or updates at least 30 days in advance via e-mail or through the Platform. 

14.3 Acceptance 

• Continued use of the Platform following the notification period constitutes acceptance of the amended or updated terms. 

14.4 Provider Input 

• Providers are encouraged to provide feedback on proposed amendments or updates. Find a Sail will consider such feedback in good faith before finalizing changes. 

 

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Czechia. 

 

16. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such provision shall be modified to the extent necessary to make it enforceable or severed if necessary. The validity and enforceability of the remaining provisions shall not be affected. 

 

17. Entire Agreement

These GTC, together with the Agency Agreement, constitute the entire agreement between the Parties regarding the subject matter and supersede all prior agreements, understandings, and negotiations. 

 

18. Warranties and Representations

Each Party represents and warrants that: 

• It has the full power and authority to enter into and perform its obligations under this Agreement. 

• The execution and performance of this Agreement will not violate any other agreement to which it is a Party. 

• It will comply with all applicable laws, regulations, and industry standards. 

 

19. Miscellaneous

19.1 Additional Clauses 

• Any additional terms agreed upon by the Parties will be documented in writing and signed by authorized representatives. 

19.2 Notices 

• Communications or notices required under this Agreement shall be sent to the contact details provided in the Agency Agreement. 

• The Parties agree that communication may take place via e-mail using the e-mail addresses specified in the header. An e-mail shall be considered delivered only once its receipt has been confirmed by the other Party.