Obligations of advertisers
Users who post advertisements (hereinafter, the "Advertiser"), by publishing any activity or service on the Platform, declare and warrant that the development thereof will strictly comply with applicable law. The Advertiser assumes sole responsibility for complying with:
Sovereignty and Local Regulations : All laws, regulations, and rules of the jurisdictions, territorial waters, and administrative regions where navigation takes place or the service is provided. This includes obtaining activity permits, business licenses, tourist registrations, and authorizations from the competent local port or maritime authorities.
Obligation to Display Licenses and Registrations : In countries, regions, or maritime areas where legislation requires a declaration of responsibility, prior authorization, or registration in an official registry to provide the advertised service, the advertiser is obligated to enter and visibly display the corresponding registration number or authorization code in the advertisement. If the number is linked to a vessel, Sailwiz provides a specific field for displaying it. In other cases, the advertiser is obligated to enter the corresponding legal information in the "other information" field of the advertisement. Entering false or erroneous data, or omitting this number, may result in the immediate removal of the advertisement and termination of the service.
Flag State Law : For services provided on board a vessel, the technical, administrative, and safety requirements of the State under whose flag the vessel is registered apply. It is the Advertiser's responsibility to ensure the vessel maintains its documentation in good standing and meets the technical inspection standards required by its flag state registry. Vessels used for commercial activities must possess the appropriate permits in their country or region.
Safety and Equipment : For services provided on board a vessel, the advertiser must guarantee that the vessel is equipped with all safety, rescue, firefighting, and electronic navigation equipment required by the regulations of the waters where it operates and by international maritime safety standards. The advertiser is obligated to carry out periodic inspections of this equipment in accordance with the established legal and technical deadlines.
Qualifications and Training : In advertisements for services provided on board a vessel, the advertiser must ensure that the skipper and any personnel assigned to professional duties on board possess the necessary qualifications, certificates of competence, and ratings for the specific activity, issued or recognized by the relevant authorities according to the type of navigation and flag state regulations. Personnel must follow all safety protocols for the protection of human life at sea at all times.
Platform Disclaimer : The Advertiser acknowledges and accepts that the Platform acts as a mere provider of intermediation and data hosting services (in accordance with the EU Digital Services Regulation and the Information Society Services Act). The Platform does not proactively verify or audit the legality of the listings, the accuracy of the registration numbers provided, or compliance with security regulations; all of this is the sole responsibility of the Advertiser.
Indemnity Agreement : Accordingly, the Advertiser shall hold the Platform, its subsidiaries, directors, and employees harmless from any administrative penalty, fine, legal or extrajudicial claim, damage, loss, cost, or expense (including attorneys' and legal representatives' fees) arising directly or indirectly from non-compliance with navigation laws, tax obligations, lack of licenses or registration numbers, or the falsification of information published in its advertisement. The Platform reserves the right to claim from the Advertiser any amount it is obliged to pay for these reasons.
Condition of purchasing users. Likewise, users who purchase or reserve any service through the Platform acknowledge and accept that the Platform does not participate in the final service provision contract, which is entered into exclusively between the user and the Advertiser. The Platform does not have the resources or means to verify the advertisers' regulatory compliance. Consequently, the user releases the Platform from any liability for breach of contract, service deficiencies, accidents, or penalties that may occur during the activity, and must direct any claims exclusively to the service provider.
Notice and Action System and Collaboration with Authorities . In accordance with Article 8 of the European Union Digital Services Regulation (EU Regulation 2022/2065), Sailwiz cannot be subject to a general obligation to monitor all content and advertisements hosted by users, nor to a general obligation to actively search for facts or circumstances indicating illegal activities.
Sailwiz does not act proactively as a control body or inspection authority; the Platform cannot be held responsible or sanctioned by the administration directly or automatically for the omissions or illegalities of advertisers, unless it has received prior and valid notification of the infringement and has not acted accordingly.
Notwithstanding the foregoing, and in strict commitment to the principle of due diligence and industry collaboration, Sailwiz has a public and visible reporting mechanism in all its advertisements. Through this system, Sailwiz is firmly committed to addressing, processing, and reviewing, as a matter of priority, all reports it receives from users, industry associations, or competent authorities.
Upon receiving a substantiated notification regarding an advertisement, Sailwiz will conduct a technical review and reserves the right to hide, temporarily suspend, or permanently remove said advertisement promptly, without prior notice and without giving rise to any right to compensation for the Advertiser. Furthermore, Sailwiz will actively cooperate with public authorities and law enforcement agencies, providing information on the offending advertiser when legally required.
