OVERVIEW

This website is operated by Exclusive Charter Yacht and is provided to assist guests with gathering event information, including bareboat charter services, reservation inquiries, and transacting business Exclusive Charter Yacht. Exclusive Charter Yacht offers this website, including all information, tools and services available from this site to you, the user and/or Charterer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and purchasing a Bareboat Charter, you engage in Our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available in Our Bareboat Charter Agreement. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or services which are added to our current store of products shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE TERMS

By agreeing to these Terms & Conditions, you hereby release Exclusive Charter Yacht from all claims arising out of things Exclusive Charter Yacht has no control over. Additionally, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and You have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.

We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to cancellation according to our Weather & Cancellation Policy.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that We offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any booking you place with us. We may, in our sole discretion, limit or cancel bookings per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors of our services.

You agree to promptly update Your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

SECTION 8 – WEATHER & CANCELLATION POLICY

Cancellations 14 days or prior to your charter date can be completed on your customer portal and are subject to a 5% service fee. Cancellation requests within 13 days or fewer of your charter date are subject to a 50% cancellation fee and must be requested in writing via email to exclusivecharteryacht@gmail.com. Please include the following information:

• Charterer’s full name
• Organization name (if applicable)
• Scheduled date and time of charter
• Identify request for cancellation
• Reason for cancellation

Please note that all rescheduled charterers are exempt from the above mentioned cancellation schedule (meaning that charterers may not reschedule a charter for a future date and cancel it 14 days or more out in order to receive a full refund).

All requests for refunds, cancellations, and changes must be made in writing by you/the Charterer. Requests submitted via telephone, text messaging, social media, or through a proxy (someone other than the Charterer) will not be accepted. Exclusive Charter Yacht is not responsible for late, lost, or communications which are not received. Only refunds and changes approved in writing by you/the Charterer and Exclusive Charter Yacht will be valid. We strongly recommend adding Exclusive Charter Yacht’s email to your contacts list in your email so as to prevent emails forwarding to spam.

Uncharterable Weather Conditions & Reschedulings: Uncharterable weather conditions are typically the result of (but are not limited to) heavy storms, small craft advisory warnings, gale storms, strong winds, and large waves. Light rain and passing storms are typically considered charterable.

In the case that conditions are deemed uncharterable (uncharterable weather conditions are typically the result of unsafe weather conditions as caused by heavy storms, small craft advisory warnings, gale storms, strong winds, and/or large waves. Light rain and passing storms are typically considered charterable), the company will issue a rescheduling credit to the charterer valid up to one year on a vessel of equal or lesser value. The charterer agrees to the terms as outlined in Section 8 and to reschedule any charter that was deemed uncharterable on their original scheduled Charter date. All rescheduled charterers are exempt from the above mentioned cancellation schedule (meaning that Charterers may not reschedule a charter for a future date and cancel it 14 days or more out in order to receive a full refund).

Chargebacks: The charterer (Client) agrees and acknowledges that he/she is responsible for any chargebacks initiated by any of its guests who make payments on behalf of the charterer (Client). Further, all payments made by the charterer are non-refundable outside of the above-mentioned cancellation policy schedule as outlined in Section 8.  The client acknowledges and agrees that the company devoted significant time and resources to plan, book, and organize the charter for the client, and as such, any non-refundable payments made to the company are to compensate the company for such work, regardless of the reason for cancellation (outside for approved cancellation requests as outlined in Section 9).

Requested Changes & Captain Fees: Some changes may result in additional charges in order to make requested changes. You/the charterer will be required to approve any such additional charges in writing and such charges must be made prior to the changes being made. If your captain demands an additional fee for making a change, you will be responsible for transmitting payment directly with the captain as they are separately employed by you and not employed by Exclusive Charter Yacht. This supersedes any written language by Exclusive Charter Yacht allowing for a more favorable change policy.

Captains operating your services may, at their sole discretion, refuse service for any reason. No refunds will be given for persons who are refused service. Common reasons for captain cancellations include, but are not limited to: 1) the Charterer and/or guests on-board causing other guests or crewmembers on board to feel uncomfortable; 2) the Charterer and/or guests on-board actions compromise the safety of other guests, the captain, and crew members; or 3) the Charterer and/or guests on-board make the captain and crew members unable to concentrate on providing charter services.

Any cancellation fee is subject to offset of any damages or amounts owed to Exclusive Charter Yacht or third parties (i.e. amounts Exclusive Charter Yacht is not entitled to recover or which must be paid notwithstanding the cancellation). Refunds will not be available if you fail to show up for any aspect of your services booking for any reason, including (1) a medical emergency; (2) claims of unused or unsatisfactory transportation; (3) claims of unused or unsatisfactory parking; (4) denied access to the docking harbor and/or docking location of the docking harbor; (5) denied services because you failed to provide full and/or accurate personal information to Exclusive Charter Yacht, such as an acceptable form of ID or passport; (6) untimely requests for cancellation; and/or (7) unsatisfactory third-party services, captain, or suppliers. Available refunds may take up to 14 days (sometimes longer) after the scheduled event for the refund to be processed by us and received by you.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products and services available via our services may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through our website is governed by our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Permission is granted to temporarily download copies of materials (information PDFs, pictures, etc) on our website for personal, non-commercial viewing only. This is the grant of a license and under this license you may not: (a) modify or copy the materials; (b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any images, software, or marketing material on the Exclusive Charter Yacht website; or (d) transfer the materials to another person/business entity or “mirror” the materials on any other server, website, or third party booking platform.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, our services is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Exclusive Charter Yacht, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Exclusive Charter Yacht and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Individuals who jeopardize the safety or wellbeing of themselves or others will be removed from the services/activity at their own expense and will not be subject to any refund. Exclusive Charter Yacht shall not assume responsibility for any claims, losses, damages, cost or expenses arising out of injury, accident or death, damage, loss, stolen or delayed inconvenience, loss of enjoyment, upset, disappointment, distress or frustration. Further, Exclusive Charter Yacht assumes no responsibility for any claims, losses, damage, costs, or expenses arising out of injury, accident, death, damages, loss, stolen baggage or personal property, or loss of enjoyment, upset, disappointment, distress or frustration caused by other guests or members of your group.

SECTION 16 – RELEASE OF CAPTAINS CLAIMS

Exclusive Charter Yacht is not responsible for the negligent or willful acts of captains or their failure to perform or adhere to their own schedules or promises.

Exclusive Charter Yacht assumes no responsibility for, and you agree Exclusive Charter Yacht shall not be liable for, any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity, included but not limited to: any wrongful, intentional or negligent acts, omissions of the suppliers; any defect or failure of any vehicle, craft, equipment, or instrument owned, operated, or otherwise used or provided by suppliers; or any wrongful, intentional or negligent acts on the part of any other party not under Exclusive Charter Yacht’s direct control. Under no circumstance will Exclusive Charter Yacht be liable for any consequential, indirect, reliance, or punitive damages (including loss of profits or savings) for any cause of action against a supplier, whether in contract tort, or otherwise, even if Exclusive Charter Yacht was or should have been aware of the possibility of these damages. By agreeing to the Terms & Conditions, you hereby release Exclusive Charter Yacht from all claims arising out of any problems covered in this paragraph.

Exclusive Charter Yacht is not responsible for claims made by captains, third parties, reps, ambassadors, promoters, travel agents, venues, hotels, or transportation companies about services provided.

SECTION 17 – CONFIDENTIALITY

You shall not disclose the written terms and conditions material to your Services provided and/or contractual agreement OR the pricing contained therein to any third party, except that you may: (1) disclose such information to your legal and financial advisors solely on a need to know basis and only if such legal and financial advisors have acknowledged the confidentiality terms and conditions set forth in this Terms & Conditions; and (2) disclose such information as required or requested by any government entity, including any regulatory authority, having jurisdiction over you. Neither party shall use the name of the other party in publicity or similar activity, without the prior written consent of the other, except that: (1) You agree that Exclusive Charter Yacht may use your name or organization’s name for customer listings or as part of Exclusive Charter Yacht’s marketing efforts, subject to your written approval to be given or withheld in your sole discretion and (2) Exclusive Charter Yacht agrees that you may use Exclusive Charter Yacht’s name in connection with a press release to be issued by you promptly following the execution of your Services, provided that Exclusive Charter Yacht pre-approves such press release, such approval not to be unreasonably withheld or delayed.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms & Conditions, We also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Services (or any part thereof).

SECTION 20 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

SECTION 21 – CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms & Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at exclusivecharteryacht@gmail.com.