Effective date: March 28, 2019
Cosmopolitan Yachting e. U. ("us", "we", or "our") operates the www.cosmopolitanyachting.com website (the "Service").
This website is owned and operated by Cosmopolitan Yachting e.U. a company incorporated in the Vienna, Austria, whose registered address is Ketzergasse 25/9, 1230 Wien, and whose company number is FN508378s.
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Data protection is of a particularly high priority for the management of Cosmopolitan Yachting e.U.
Information Collection And Use
Cosmopolitany Yachting e.U. is committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Cosmopolitan Yachting Ltd.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Cookies and Usage Data
We may collect Personal Data about you from a number of sources, including the following:
- From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank details.
- Information that you provide by filling in forms (including the Online Enquiry Form) on our site www.cosmopolitanyachting.com (our site) or information we collect from you over the phone or by email
1.3 From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services.
1.4 From documents that are available to the public, such as the electoral register.
1.5 From third parties to whom you have provided information with your consent to pass it on to other organisations or persons.
2 Using Your Personal Information
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
2.1 Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:
2.1.1 To help us to identify you when you contact us.
2.1.2 To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the Personal Data you have provided and/or any information we hold about you and Personal Data from third party agencies (including credit reference agencies).
2.1.3 To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future.
2.1.4 To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information.
2.1.5 To help to prevent and detect fraud or loss.
2.1.6 To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us where
22.214.171.124 these products are similar to those you have already purchased from us,
126.96.36.199 you were given the opportunity to opt out of being contacted by us at the time your Personal Information was originally collected by us and at the time of our subsequent communications with you, and
188.8.131.52 you have not opted out of us contacting you.
2.1.7 To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners where you have expressly consented to us doing so.
2.1.8 We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.
2.1.9 We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.
2.3 We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:
2.3.1 If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case Personal Data held by us, about our customers, will be one of the transferred assets.
2.3.2 If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
2.5 In connection with any transaction which we enter into with you:
2.5.1 We may carry out with one or more licensed credit reference and fraud prevention agencies:
184.108.40.206 credit checks where you have given us your express consent, and
220.127.116.11 fraud prevention checks.
We and they may keep a record of the search. Information held about you by these agencies may be linked to records relating to other people living at the same address with whom you are financially linked. These records will also be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household with whom you are financially linked and for debt collection and fraud prevention. This includes those who have moved house and who have missed payments.
2.5.2 If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
3 Protecting Information
We have strict security measures to protect Personal Data.
3.1 We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
3.2 If a credit card is used when confirming an order we reveal only the last five digits of your credit card number. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
3.3 We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
3.4 It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
4 The internet
4.1 If you communicate with us using the internet, we may occasionally email you about our services and products. When you first give us Personal Data through the Website, we will normally give you the opportunity to say whether you would prefer us not to contact you by email. You can also always send us an email (at the address set out below) at any time if you change your mind.
4.2 Please remember that communications over the internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered -this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.
Tracking & Cookies Data
What are cookies?
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
What is the purpose of cookies?
These cookies cannot be used to identify you personally and are used to improve services for you, for example through:
- Letting you navigate between pages efficiently
- Enabling a service to recognise your computer so you don’t have to give the same information during one task
- Recognising that you have already given a username and password so you don’t need to enter it for every web page requested
- Measuring how many people are using services, so they can be made easier to use and that there is enough capacity to ensure they are fast
To learn more about cookies, see:
Cookies make the interaction between users and web sites faster and easier. Without cookies, it would be very difficult for a web site to allow a visitor to remember the user's preferences or registration details for a future visit.
How long will cookies stay on my device?
The amount of time a cookie stays on your device is variable: the majority of cookies expire after the end of your browsing session– others persist for longer. In online advertising you can generally expect most advertising cookies to last about one month at most (although again it varies).
First and third party cookies
First-party cookies are cookies that belong to Cosmopolitan Yachting e.U., third-party cookies are cookies that another party places on your device through our site. Third-party cookies may be placed on your device by someone providing a service for Cosmopolitan Yachting e.U., for example to help us understand how our service is being used.
Use of Data
Cosmopolitan Yachting e.U. uses the collected data for various purposes:
- To provide and maintain the Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To detect, prevent and address technical issues
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Austria and choose to provide information to us, please note that we transfer the data, including Personal Data, to Austria and process it there.
Disclosure Of Data
Cosmopolitan Yachting e.U. may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Cosmopolitan Yachting e.U.
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Links To Other Sites
1. The Website may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.
3. We exclude all liability for loss that you may incur when using these third party websites.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Specific Terms relating to the charter of a boat
When we arrange for the charter of a boat, Cosmopolitanyachting.com operates to an agency model. This means that we act as a disclosed agent for third party suppliers, such as the boat owner, charterer or charter operator. we also act as your agent and we are responsible to you for the proper performance of those agency services. These terms form the contractual basis of that agency service.
The function of Cosmopolitan Yachting e.U. is solely that of arranging the charter and that Cosmopolitan Yachting e.U. is not responsible for the Charterer’s, Owner’s or crew’s actions at any time, nor will Cosmopoitan Yachting e.U. be liable for the satisfaction of the Charterer or any actions or events outside Cosmopolitan Yachting’s e.U. direct control.
However, what that also means is that the final contract for the boat charter itself will be between you and the Owner of the yacht. There is a difference between the agency services we provide (which involves the service of finding you relevant boats) and the actual boat charter. Although you don’t pay us (we get paid by receiving commission from our suppliers) the price you will pay will, in nearly all cases, be the same as if you went to the suppliers direct.
Please make sure that you have read these terms and conditions before completing your transaction. All relevant terms and conditions will be available to you on request from us before you complete your transaction.
To complete a transaction with one of our suppliers, you must first contact us or submit an Online Enquiry Form informing us of your boat and availability requirements. From then, we will search for the right boat from our extensive list of suppliers and get back to you with your options.
Please note, all queries are subject to availability and we cannot guarantee that all of your requirements will be met.
How the transaction is then completed and the contract formally formed will be explained to you on the phone or email.
Please have a look at our FAQ.
It is important that all the information you give us when you contact us or otherwise when you use the website, is correct. This includes, without limit, ensuring that we have your correct contact (including e-mail) details at all times. It is your responsibility to inform us of any changes by contacting us as soon as possible. We cannot be held liable for sending you travel documents or other relevant information where you have given us incorrect or redundant contact details.
In order to make a purchase you must be over 18 years old, be purchasing for yourself and have the legal capacity to make the transaction.
You must ensure that before travelling you have suitable and adequate travel insurance arranged to cover the entire period of your holiday. It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visa and that you have obtained any necessary vaccinations to gain entry to any country you are visiting.
All relevant travel documentation will be sent to you by e-mail in good time before the start of the charter period. Please make sure that upon your receipt of the travel documents, you check them carefully to make sure they accord with our agreement. If they do not, please CONTACT US IMMEDIATELY to highlight your concern. It is your obligation to assist us to mitigate the potential loss caused by any errors by giving us adequate notice of any problem. We accept no liability for travel documentation not received.
The information we may collect is used to help us identify yacht charter options for each client. We use information such as email addresses and phone numbers to communicate to our client’s news and information about our company and yacht charter.
We do not require users of our web site to register in order to access our online yacht database.
During the online inquiry process a client is asked for and must enter contact information and certain information about their needs. It is only gathered to provide personal service to our clients.
In the process of serving our clients we often receive additional types of sensitive information such as financial, family or health information - we maintain the confidentially of this personal information and do not share it with any others except as specified by the client in order to customize their yacht charter experience.
We publish an electronic newsletter and we have never shared or sold all or any part of the list of email addresses. We do allow users to unsubscribe to the list in every email.
All information on our website is presented in good faith and believed to be accurate.
This website is intended for the use of public viewing and retrieving information only and may contain links to other websites. These links are provided for the convenience of the users, who visit them at their own risk.
Clients may contact us by phone or email with any questions or concerns.
Disclaimer of Liability
The function of Cosmopolitan Yachting e.U. (Brokerage) is solely that of arranging the charter and the BROKER is not responsible for the CHARTERER’S, OWNER’S or crew’s actions at any time, nor will the BROKER be liable for the satisfaction of the CHARTER or any actions or events outside BROKER’S direct control. Meaning your charter contract is with the owner, operator or manager of the yacht or fleet, which is clearly stated in your contract and invoice, not with us.
You will be required to sign a copy of this contract so please ensure you read it closely and understand its contents. We shall be pleased to help if explanations are required. Please note that all contracts which mention Cosmopolitan Yachting e.U. do so as an agent only and any dispute will be between the charterer and operator or manager. In the event of any dispute or problem with the yacht please in the first instance contact the yacht’s operator or manager as soon as practical who will do everything to help you. We shall be pleased to help wherever possible but you must inform us as soon as possible and certainly within 48 hours. Beyond this time scale we may not be able to help.
Charter Booking Process
Yacht Charter Contracts
Once you have chosen your yacht and the area you would like to cruise, Cosmopolitan Yachting e.U. will put an "Option" on the charter for your preferred dates.
All charters are subject to a fully executed contract.
You will receive a Charter Agreement, with a request for a deposit to secure the booking. The Charter Agreement defines the terms and conditions, obligations and rights of each party. Signed by both parties it is then in place to refer to and protect each should there by any queries over arrangements.
Payment terms differ between operators and countries. Please note the payment due dates and ensure payments reach us in good time, as your booking may otherwise lapse. Where charter contracts state that charters will be void by due dates if payment is not received, this is the date of receipt by the contracting party, not by us. Please allow time for us to forward your payment.
Typically, upon signature a 25% deposit is taken, another 25% due six months prior to the charter and the balance 30 - 45 days prior to embarkation. If you are booking with six months of the charter start date a 50% deposit will be required.
When your deposit clears the bank and the contract is signed your charter is officially reserved.
Your deposit is held in a safe escrow account until just a few days before your charter begins.
Before you start your vacation
We will email you the Preference Forms for your careful completion. This form will have your food, drink, activity, passport information, shoe size, food in-tolerances, and allergy information. It is important for your crew to know what is important to you and as much information as possible to begin planning your menu and itinerary.
Prior to your arrival at your yacht the crew will contact you to discuss your vacation plans and the preferences detailed on the Preference Form.
Once onboard your yacht, the captain will conduct an orientation and safety briefing prior to departing on your vacation. During the cruise it is important to communicate with the captain and crew with any questions and or requests. They are available and will assist you with arrangements. Your captain’s primary role is the safety of guests, crew and the yacht and he will be taking this into consideration at all times.
Cancellation terms vary with the operator and are itemised in the charter contract. Our normal agency fee will be retained from any refunds which may be forthcoming under the terms of the charter contract
We strongly advice to obtain TRAVEL INSURANCE, which includes cancellation cover and, if appropriate, hurricane risk, to cover any unforeseen circumstances.
The start and end times of your charter are stated in your charter contract. Please ensure you understand and adhere to them.
All operators and yacht managers reserve the right to substitute a replacement yacht if the one you have booked becomes unavailable through damage, breakdown or similar events. Alternatively a full refund of all monies paid for the original yacht will be made.
The above is ancillary to, not in replacement of, the terms of your charter
An excellent crew will work extremely hard for very long hours to make sure your charter is a total success. A gratuity (or tip) is not mandatory but it is very much appreciated. A customary guideline is 10% – 20% of the charter fee dependent on whereabout the vessel is chartering.