Terms & Conditions

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Terms & Conditions

Terms & Conditions

Terms and Conditions for Yachtnic

1 Your relationship with Yachtnic

1.1 Your use of products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Yachtnic or any affiliates/partners under a separate written agreement) is subject to the terms of a legal agreement between you and Yachtnic. Yachtnic Pte Ltd, with company registration number 201737247N, whose registered place of business is at 17 Jalan Tenteram, #13-124 Singapore 321017. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with YACHTNIC, your agreement with YACHTNIC will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “General Terms”.

1.3 Your agreement with YACHTNIC will also include the terms of any Legal Notices applicable to the Services, in addition to the General Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The General Terms, together with the Additional Terms, form a legally binding agreement between you and YACHTNIC in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to that Service.

2 Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service; or

(B) by making payment; or

(C) by actually using the Services. In this case, you understand and agree that YACHTNIC will treat your use of the Services as acceptance of the Terms from that point onwards.

3 Language of the Terms

3.1 Where YACHTNIC has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4 Provision of the Services by YACHTNIC

4.1 YACHTNIC may be contacted via various channels, and personal information such as email and phone number may be required in order to help us serve you better. By contacting YACHTNIC via any channels and providing such information, you shall be deemed to consent to YACHTNIC and/or our sister companies collecting, using, disclosing and/or processing your personal data for the purposes of marketing or client communications. You may opt-out by informing us via the same channel.

5 Agreement on the provision of the Services

5.1 Core services provided by YACHTNIC includes but is not limited to yacht charter services.

5.2 Embarkment and disembarkment point is usually at the specific berthing location of the yacht, and may be explicitly stated in the Additional Terms or Charter Agreement where applicable.

5.3 All prices quoted are in Singapore currency unless otherwise specified. Yacht charter rates include the exclusive use of the vessel, boat captain, crew and fuel and utilities for the agreed duration unless otherwise specified. Fuel and utilities are usually separately charged for extended charters, subject to Additional Terms.

5.4 Yacht charter rates are exclusive of food and beverages. Recommended catering must be prearranged at least 3 days before the charter date.

5.5 Booking policy: Bookings and reservations are taken on a first-come, first-served basis, subject to the availability.

5.6 Payment policy: Full payment is required for the reservation of the yacht charter. Where possible, payment must be made in full at least 1 month prior to the yacht charter date. The booking shall only be confirmed upon receipt of full payment or the specified deposit where the credit term is extended.

5.7 Cancellation policy: In any event of cancellation, our cancellation policy applies. No cancellation is allowed. Unless the Captain deems it unsafe to sail out, the charter can then be postponed, and another date and time scheduled (subject to availability)

5.8 Rescheduling policy: Any rescheduling of the yacht charter is subject to our rescheduling policy.

(A) Rescheduling made more than 1 month prior to the charter date is provided free of charge.

(B) Rescheduling made less than 1 month prior to the yacht charter date, an additional 50% of charter fees will be charged as a rescheduling fee.

(C) Any reschedules made within office hours count towards the effective rescheduling period stated above. Rescheduling made after office hours will be counted beginning from the next working day.

5.10 Late policy:

(A) YACHTNIC reserves the rights to consider the charter as cancelled should the charterer be more than an hour late from the stipulated start time.

(B) The charterer and guests are advised to be on time. No time compensation will be given for late arrival, and charter timings shall proceed as according to the stipulated timing as agreed upon, and stated on the invoice.

5.11 No-show policy: Arrival one hour after the stipulated charter start timing shall be considered as no-show, unless the coordinator is being notified. Any confirmed head count that did not show up for charter will also be deemed as no-show. No refunds will be given for no-shows, and the charter shall be considered as fulfilled.

5.12 Time extension policy: Any time extension should be requested at least 3 days in advance, prior to charter date. YACHTNIC may allow impromptu time extension with cash payments on the spot, subject to the yacht availability and the sole discretion of YACHTNIC.

5.13 Additional charges may apply for special requests such as cruising to other requested destinations. Overseas charters, weekly charters or extended long-term charters are available upon request.

5.14 YACHTNIC reserves the right to cancel any charter in the event of any unforeseen circumstances. In such cases, we may mutually agree on a later date of charter. Claims for any damages and/or inconvenience caused will not be entertained.

5.15 YACHTNIC reserves the sole and exclusive right to cancel the charter if the captain in his reasonable opinion declares that the sea or weather conditions are not suitable for the charter prior to the scheduled yacht charter and there are reasonable concerns over the safety of personnel and yacht. The captain of the yacht at all times has full authority over the safety of the yacht and personnel and at any time can terminate such charter and return to the marina where, in the reasonable opinion of the captain, there is reasonable possibility of danger to the yacht and personnel. If such an event is due to technical reasons, YACHTNIC will apply the cancellation policy detailed above. If such an event is due to the unsafe behaviour (e.g. excessive alcohol consumption) of the charter guests during the charter, which shall be at the sole discretion of the captain, there will be no cancellation refund. YACHTNIC reserves the sole and exclusive right to recall the vessel upon the forecast or occurrence of severe weather. If charterer elects to prematurely end the charter, the charter is deemed cancelled and there will be strictly no refund.

5.17 Once the yacht has departed the Marina, the charter is considered to have been fulfilled and no cancellations or refunds are provided.

5.18 The yacht shall be employed exclusively as a pleasure vessel for the sole and proper use and shall not transport merchandise or carry passengers for pay, or race, or engage in any trade nor in any way violate the laws of Singapore or of any government within the jurisdiction of which the yacht may be at any time and shall comply with the law in all other respects..

5.19 For yacht charter within Singapore, this Agreement shall be construed and interpreted in accordance with the laws of Singapore with the exception of any admiralty or maritime claims which shall be construed under the maritime, Maritime Port Authority of Singapore

5.20 Curtailment of Charter: In the event that the yacht is unable to sail due to mechanical reasons prior to the scheduled charter, clause 5.8 shall apply. In this event, there will be no further rights or claims for the damages or compensations.

5.21 YACHTNIC reserves the right to substitute another yacht of the same or lower charter value prior to the scheduled charter should the specified yacht not be available due to reasons beyond our control. If a substitute yacht is not possible, the postponement policy shall apply.

5.22 YACHTNIC and its employees shall not be held liable for any death, loss or injury arising the guest’s use of the yacht, its equipment or dinghy, or any activities.

5.23 Determinations of negligence or wilful misuse are made at the sole discretion of YACHTNIC. Any damages done to the yacht will be recorded.

5.24 By chartering a yacht from YACHTNIC, you agree to our General Terms as well as any Additional Terms that may apply for each yacht on a per-charter basis. In the event General Terms and Additional Terms conflict, the Additional Terms shall take precedence.

6 EXCLUSION OF WARRANTIES

6.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 6 AND 7, SHALL EXCLUDE OR LIMIT YACHTNIC’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

6.3 IN PARTICULAR, YACHTNIC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

6.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YACHTNIC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

6.5 YACHTNIC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7 LIMITATION OF LIABILITY

7.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 6.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YACHTNIC, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU.

7.2 THE LIMITATIONS ON YACHTNIC’S LIABILITY TO YOU IN PARAGRAPH

7.3 ABOVE SHALL APPLY WHETHER OR NOT YACHTNIC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

8 Changes to the Terms

8.1 YACHTNIC may make changes to the General Terms or Additional Terms from time to time. When these changes are made, YACHTNIC will make a new copy of the General Terms available.

8.2 You understand and agree that if you use the Services after the date on which the General Terms or Additional Terms have changed, YACHTNIC will treat your use as acceptance of the updated General Terms or Additional Terms.

9 General legal terms

9.1 The Terms constitute the whole legal agreement between you and YACHTNIC and govern your use of the Services (but excluding any services which YACHTNIC may provide to you under a separate written agreement), and completely replace any prior agreements between you and YACHTNIC in relation to the Services.

9.2 You agree that YACHTNIC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

9.3 You agree that if YACHTNIC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which YACHTNIC has the benefit of under any applicable law), this will not be taken to be a formal waiver of YACHTNIC’s rights and that those rights or remedies will still be available to YACHTNIC.

9.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

9.5 The Terms, and your relationship with YACHTNIC under the Terms, shall be governed by the laws of Singapore without regard to its conflict of laws provisions. You and YACHTNIC agree to submit to the exclusive jurisdiction of the courts located within Singapore to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that YACHTNIC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.