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Terms of use

Yacht Terms and Conditions

  1. Introduction

 

YACHTPON ORGANIZATION LTD (henceforth Yachtpon), is a Private limited Company, with company number 11077250, registered in England (UK) and address 4 Old Park Lane, Mayfair, London, W1K 1QW. Yachtpon applies the following terms of use and service to their clients. The clients will be informed of any changes on the web page or in these terms of use, which will be considered as accepted by all of those who access yachtpon.com after that communication. By accessing this website or using any service provided on this website, you agree and approve to be bound by all the terms and conditions of this agreement. Please before accepting the terms of use make sure that you have carefully read this agreement.

 

  1. Terms of our Services

 

Yachtpon is devoted to the management of boat charter bookings (not to the charter itself), and the listings of these charters. By hiring any of the Yachtpon services the guest/traveler fully and unconditionally accepts these terms of use, and the regulation disclosed in our Data Policy which you will find in this web page. The boat charter, which is between the client and the final service provider (owner or manager of the boat), is governed by the ‘Charter Agreement’/contract with the final service provider. Yachtpon does not intervene in the ‘Charter Agreement’/contract, nor is a party. The terms of use are applicable as soon as the client submits the boat holiday request.

 

  1. Purpose of the Service

 

Yachtpon provides brokerage services (by managing bookings) in the pleasure boat charters. Through yachtpon.com the client books the charter, and if applicable, rents a boat to the final service provider, in accordance with the terms and the price agreed with the provider. All the boats on yachtpon.com are offered by Yachtpon which acts as a mediator and whose responsibility is limited to bringing into contact the client with the final service provider, who is solely and directly responsible for the provision of the service. Yachtpon is not responsible for the provision of the service and, therefore, does not have the obligation to answer in the event of the non-fulfilment or the incomplete fulfilment of the contracted service with the final service provider, with whom the client has contracted the service. The client acknowledges that the service provided shall be the exclusive responsibility of the final service provider. Nevertheless, Yachtpon informs that all the final service providers have been explicitly requested to meet the requirements of the service, according to the sector standards and to the rental contract. The non-fulfilment of this obligation by the final service providers, implies that Yachtpon may exclude them from its website.

The client expressly accepts this limitation of liability of Yachtpon and, in consequence, Yachtpon is only responsible for managing and formalising the booking of the chosen boat, and of managing the payment of the deposit of the rental, according to the conditions and measures established and the characteristics advertised. The client acknowledges that the final service provider may not accept the booking, in which case Yachtpon will offer the client alternative boats or the full refund of the amount paid.

Although we aim to perform the service as advertised on yachtpon.com, we cannot verify or guarantee that all the information is precise, complete or correct. The final service provider is responsible for the information about boats (prices, configuration, features, extras, etc.). Yachtpon does not verify this information and, therefore, the final service provider is the only party responsible for the veracity and accuracy of such information. The client accepts that any complaint in this sense will be made directly and exclusively against the final service provider. Without prejudice to it, we inform you that Yachtpon requests the final service providers to give accurate and correct information; otherwise, they may be excluded from its website. Any incident, we recommend to be reported to info@yachtpon.com . The rental contract will have the duration stated in the boat holiday request, without prejudice to being subject to the contract regulation to subscribe to the final service provider. Any change in its duration, should be informed to Yachtpon.

 

  1. Booking a boat charter

 

In order to rent a boat with Yachtpon and so with the final service provider, there are the following steps:

 

  1. Browse and sign up or sign in to Yachtpon’s website.
  2. Pick up one or more boat(s) from our online boat catalog.
  3. Click on and fill in the ‘Request Offer’ to receive a personalised offer based on the chosen requirements.
  4. Reserve the boat (if it’s available) by filling in the boat holiday request.
  5. Pay a deposit through com to secure the booking.
  6. Receive confirmation of the booking and the charter details.
  7. Yachtpon will send the ‘Charter Agreement’/contract to the traveler, drawn up and provided by the final service provider.
  8. Any outstanding payment will be made directly to the final service provider.
  9. In the end of the charter, Yachtpon will ask the traveler/ holidaymaker to rate the service.

 

  1. Obligations specific to the guests

 

First of all, a guest is anyone over 18 years of age, also referred as traveller/holidaymaker, who is willing to rent a boat, accept the present terms of use and agree to be bound by them when submitting the boat holiday request. All guests are obliged to provide true, right and up-to-date information about personal data requested or any other type of information. All guests should protect and not provide their password to anyone to ensure they are the only one with access to their username. They should also provide the data requested to Yachtpon in order to deal with: the booking, contract and provision of service (by the final service provider). Yachtpon might transmit personal data to the final service provider in order to prepare the rental contract and have the data of the people who will steer the boat or be passengers on it. The final service provider is committed to and obliged to comply with the personal data protection regulations. Travellers should pay the amounts corresponding to the hired contracts within the due dates established in the booking and/or hiring process. In case that travellers select bareboat rentals, they have to show the appropriate qualifications or licenses available in order to use the boat. Payments should be made by travellers as indicated by Yachtpon and according to the rental contract. Last but not least, all guests should provide only truthful information when rating the service received. In any event, Yachtpon reserves the right to accept, reject or withdraw the valuations and opinions.

  1. Obligations specific to agents/boat owners/ charter companies

 

Agents/boat owners/charter companies and brokers are referred as the final service provider. Yachtpon offers final service providers the possibility to advertise their boat for free in the online platform yachtpon.com with a description, features, images, prices. Final service providers should formalise the ‘Charter Agreement’/ contracts by any means offered by the law, including e-contracting methods through a webpage or an email, telephone recording, digitised signature, electronic signature, as well as that they may be stored, organised or copied, by any available means. It’s also important that final service providers should be able to prove ownership of their advertised boats at any time.

 

  1. Payment terms

 

Travellers/holidaymakers will pay an initial deposit of 10% (this will be the first instalment of the charter price) upon booking through Yachtpon’s payment gateway. Afterwards, the ‘Charter Agreement’/contract will indicate when the charter balance is due and how it has to be paid. The clients are obliged to make the outstanding payment(s) within the indicated dates. The payment methods accepted by Yachtpon are those made through the Yachtpon’s payment gateway by debit or credit cards such as Visa and Master Card, as well as bank transfers in pounds or euros. However, the final service providers may have different payment methods.

 

  1. Cancellations

 

Clients will get a full refund for cancellations made within 48 hours of receiving the ‘Charter Agreement’. After that time, the rental contract with the final service provider will tell travellers the terms for a refund in case of cancellation. In case that the cancellation terms are not stated in the contract or it’s not signed yet, then the following penalties will be applied:

  • Cancellations 90 days before departure: a penalty of 50% of the rental amount.
  • Cancellations 50 to 90 days before departure: a penalty of 75% of the rental amount.
  • Cancellations less than 50 days before departure: a penalty of 100% of the rental amount.

To process cancellations, Yachtpon might charge up to 500€ to the client for management costs.

Nevertheless, there are events that, and without prejudicing the rental contract, the clients don’t comply with the payments due dates, or don’t comply with the rules and the current legislation when using the boat (e.g. exceeding the number of people on board, sailing beyond authorised limits for the boat) as well as they might fail to present the required documentation to steer the boat, before boarding in contracts where Skipper has not been hired or they may show insufficient skills to steer the boat. In all these cases mentioned above, Yachtpon has the right to trigger an automatic termination of the contract and/or booking, without compensation, or refund of the amount paid by the client.

 

  1. Intellectual Property Rights

 

Yachtpon’s logo, texts, graphics, layouts, pictures, videos and other intellectual property contexts made available on yachtpon.com are owned by Yachtpon and no license is granted to the clients, yacht owners, brokers or agents. You may not print or otherwise make copies of any such content without our express prior permission.

 

  1. Complaints and Applicable law

 

Any complaint or other formal notice to the company shall be made in writing and through an irrefutable reception method. This agreement (terms of use) shall be governed in compliance with English law. If any of the stipulations in these terms of use were declared null and void in application of the legislation in force, by virtue of a decision of court or any recognised body with enough jurisdiction, the remaining stipulations shall remain in force. The English Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement/ terms of use.