Charter Click FZC (hereinafter called as the “Company” or “We”) maintains the charterclick.com website (hereinafter called as the "Site"). Charter Click FZC is registered and resides in United Arab Emirates, Umm Al Quwain Free Trade Zone, Al Shmookh Building, Business Center, PO Box 7073.
1. Scope of services:
1.1. The Site is an online booking platform where the Customer can make a booking for the speciﬁed period of time for rental of boats, motorboats, yachts and any other kind of vessels (hereinafter called “Vessels”) that are posted on the Site by the lawful entities which are the lawful and beneﬁcial owners of the Vessels, or duly authorized by the lawful and beneﬁcial owner of these and have the exclusive right for using and posting (advertising) the Vessels on the Site for a purpose of booking (hereinafter called as the “Charter Companies”). Every Vessel listed on the Site has detailed information, description, photos and a rent price for the speciﬁed period of time provided by Charter Companies.
1.2. By using the Services the Customer expressly agrees and accepts that the Customer enters into a direct contractual relationship with Charter Companies. The Customer also accepts and agrees with all terms and conditions of a Charter Company that is providing speciﬁc Vessel for the Customer for booking.
1.3. From the moment when the Customer makes a booking, Company acts solely as an intermediary between the Customer and the Charter Company - transmitting the payment paid by the Customer and details of the Customer’s booking to the relevant Charter Company - for speciﬁc vessel reserved by the Customer and sending a conﬁrmation email to the Customer for and on behalf of the Charter Company.
1.4. All information about Vessels that are posted on the Site is provided to us by the Charter Companies and they are fully responsible for updating all the information such as availability of Vessels, rates, pictures of Vessels and other information regarding the Vessels and Charter Companies displayed on the Site.
1.5. The Company performs its best in maintenance of the Site but we cannot guarantee that all information provided by Charter Companies is correct and complete. The Customer accepts and agrees that the Company will not be responsible for any actions performed by the Customer and/or by the Charter Companies regarding the use of Services and/or the use of Vessels.
1.6. Please note, that CharterClick does not itself offer, perform or participate in boat charters or rental services. Instead, CharterClick offers a service allowing boat owners and those interested in bareboat chartering boats to connect and transact directly with each other. While it is CharterClick’s intention to facilitate successful transactions and assist with the resolution of any related disputes, CharterClick does not guarantee the quality, safety, truth accuracy or adequacy of Charter Companies.
CharterClick is not the owner, operator, broker, manager, repairer, insurer, renter, licensor of any of the Vessels and CharterClick possesses no legal interest in any of the Vessels listed on the Site. CharterClick’s responsibilities are strictly limited to: facilitating the availability of the Site, and serving in the limited capacity as a pay agent of each Charter Company for the purpose of accepting payments from Customer on behalf of the Charter Company.
If You do not agree to be bound by all the terms of this Agreement, You are not authorized to access CharterClick.
2. Prices and Payments
2.1. Charter Companies provide Vessels for booking on the Site on an hourly, daily or weekly rate basis.
2.2. All prices displayed on the Site for the booking of Vessels are fair, competitive and set up by Charter Companies, on the rate not higher than the lowest rate for the same Vessels posted by the Charter Company on any other website or resource if these posts exist
2.3. All prices displayed on the Site are ﬁnal. Discounts can and may be applied by entering promotional codes, generated by The Company in The CRM. After Customer has made the booking, the rate that Second Party has set for this booking may not and will not be changed. Second Party will be liable for deﬁning the rate of each Vessel and any additional charges that may exist. It is Customer’s responsibility to carefully check all terms and details before making a booking order.
2.5. You agree and accept that you shall be required to make a full payment for a Vessel you are booking or reserving as displayed on the Site. Such payment is obligatory for a booking of all kinds of Vessels posted in on the Site by Charter Companies. The payment for all the additional chargeable options (if any) is done in cash directly to a Charter Company.
2.6. The Site uses both Availability Request and Instant Booking payment processing systems. If Charter Company operates under the Availability Request System, the booking would proceed as following - Customer sends an availability request through Site to the Charter Company, that has to be conﬁrmed within a period of 24 hours. If it is not, the request is automatically deemed unsuccessful. If the Charter Company conﬁrms the availability of The Vessel, the Company will send the Customer an invoice, that he or she has to pay for, in order to get the booking conﬁrmation. If Charter Company operates under the Instant Booking System, the booking would proceed as following - after choosing the exact date, time, duration and the Vessel, Customer will be able to determine the availability of said Vessel in real time. If the said Vessel is available, Customer is able to proceed with the booking, by entering all the necessary information to complete the payment.
2.7. Before making the payment the Customer has to provide all the correct required information. The Company does not take any responsibility for the incorrect information provided by the customer.
2.8. After successfully completing a payment, the Customer will receive a payment conﬁrmation (Transaction Receipt) and booking conﬁrmation on an e-mail address within 1 hour.
2.9. In case of an unsuccessful payment, the Customer will be notiﬁed immediately – while still being on a payment page.
2.10. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via secured connection.
2.11. If the Customer does not receive any payment conﬁrmation and/or booking conﬁrmation details on an e-mail address within 1 hour, the Customer has to immediately contact the Company.
2.12. The Customer has to retain a copy of transaction records.
3. Cancellation and refund policy
3.1. In case the Customer decides to cancel the booking, the corresponding booking order must be canceled as well.
3.2. The Customer can cancel the booking at any time.
3.3. After the Customer cancels the booking on a booking cancellation page, the corresponding booking is ofﬁcially cancelled.
3.4. Depending on the country of operation, booking duration, Charter Company or any other determinative factors, we abide by the following cancellation policies:
3.4.1. 100% refund 1 day (24 hours) or more before the scheduled time of a trip. The booking is non-refundable within a period of 1 day (24 hours) before the scheduled time of a trip.
3.4.2. 100% refund 7 days (168 hours) or more before the scheduled time of a trip. The booking is non-refundable within a period of 7 days (168 hours) before the scheduled time of a trip.
3.4.3. 50% refund 30 days (720 hours) or more before the scheduled time of a trip. The booking is non-refundable within a period of 30 days (720 hours) before the scheduled time of a trip. Additional 5% of a booking total price will be charged to the customer as a CharterClick processing fee.
3.4.4. 50% refund 60 days (1440 hours) or more before the scheduled time of a trip. The booking is non-refundable within a period of 60 days (1440 hours) before the scheduled time of a trip. Additional 5% of a booking total price will be charged to the customer as a Company’s processing fee.
3.5. The cancellation policy for each boat is being determined by the service provider, and will be available for the Customer to familiarize with on the boat’s page and in the conﬁrmation email.
3.6. All the purchases of chargeable options are deemed nonrefundable from the moment the booking is ﬁnalised.
3.7. CharterClick.com can supersede the cancellation policy rules/fees if certain extenuating (Force Majeure) circumstances can be shown. For the following extenuating circumstances, the Customer will receive a 100% refund. Either party is able to cancel by contacting the Customer/ Company/Charter Company to provide documentation to support the cancellation. Extenuating circumstances are deﬁned in the article 21 of these Terms & Conditions.
3.8. All refunds will be made only to the original mode of payment.
4. Company’s rights and obligations
4.1. The Company provides and maintains an online booking platform charterclick.com, which the Customer can use for a purpose of booking Vessels posted by Charter Companies.
4.2. The Company maintains the Site’s automatic system that receives the booking order from the Customer made through the Site and notiﬁes Charter Companies.
4.3. The Company is not a contracting agent or representative of Customers or Charter Companies and shall not act as a contracting agent or representative of neither Customers nor Charter Companies and shall not have any responsibility as a contracting agent or representative of Customers or Charter Companies.
4.4. The Company is not responsible for the exact and compliant performance or the incorrect performance or the non-performance of those services that are a part of the application area of the agreement between the Customer and Charter Companies.
4.5. Before posting any Vessels by the Charter Companies on the Site, the Company will check their compliance with the Company’s Terms and Conditions. However, the Company is not able to verify the information listed by the Charter Companies and holds no responsibility if the information provided by Charter Companies is wrong or not accurate.
5. Customer’s rights and obligations
5.1. The Customer can make a booking through the Site for a speciﬁc Vessel that is posted on the Site by a Charter Company for a speciﬁc period of time. By visiting the Site, the Customer represents, warrants and covenants that (a) for the registration procedure on the Site and use of Services the Customer is at least 18 years old; (b) that all materials of any kind submitted by the Customer to the Company through the Site or for inclusion on the Site will not be plagiarized, violated or infringed upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The Customer using the website, who is minor/under the age of 18 shall not register on the Site and shall not transact on the Site and shall not use any Services.
5.2. After booking a Vessel on the Site the Customer enters into direct contractual relationships with the particular Charter Company, that takes all further responsibilities for providing speciﬁc Vessel and services for the Customer on agreed terms. We are not the party in such legal relationships and we shall not be bound by Charter Companies’ Terms and Conditions.
5.3. The Customer understands and agrees that the legal agreement regulating each speciﬁc booking is between the Customer and a Charter Company. We are not the party in such legal relationships.
5.5. To book a Vessel the Customer has to make a full payment to the Charter Company through the Site via a Payment Provider (the respective third party, who processes the credit card transactions on behalf of the Merchant).
5.6. As a Customer, you are responsible for leaving the Vessel in the condition it was in when you arrived. You acknowledge and agree that, as a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Vessel. In the event that a Charter Company claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
5.7. Any damage to, loss or theft of the Vessel and/or its equipment occurring prior to the Charter Company’s inspection of the Vessel at the end of the trip shall be the responsibility of the Customer If any of the Vessel’s equipment is stolen or lost as a result of the Vessel being left unlocked or unsecured during the trip, the Customer shall be deemed responsible for the loss and shall cooperate fully with the Charter Company, CharterClick, police or other authorities with respect to any required report.
5.8. It is a felony to fail to return a rental boat within a certain period of time after the rental period has expired. The following conduct may result in the Vessel you have chartered being reported as stolen to law enforcement, possibly subjecting you and any other person in possession of the Vessel to civil and/or criminal penalties and/or insurance coverage being voided:
-if you fail to return the Vessel you have chartered at the time and place speciﬁed in the booking conﬁrmation;
-if the Vessel is returned to any place other than the one it departed from;
-if you misrepresent material facts to the Charter Company pertaining to your trip, use, or operation of the Vessel;
-if the Vessel is operated by anyone who has given a false name, false address, false or invalid driver’s license, driver’s license that becomes invalid during the period of your trip;
-if the Vessel is operated by anyone who has obtained the keys without the permission of the Charter Company or a Customer, misrepresents or withholds facts t/from the Charter Company or CharterClick material to the trip, use or operation of the Vessel, if the Vessel is navigated beyond the navigational limits set forth in the Vessel’s insurance policy, other provisions relating to the theft of the Vessel and/or equipment.
5.9. If during your trip you witness or experience inappropriate (offensive, violent, sexually abusive) behaviour or an act of stealing from you or anybody else on board, you should immediately report it to the appropriate authorities and then to CharterClick, provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
5.10. The Customer obliges to keep the Company and the Company’s employees, representatives, agents and afﬁliates, recouped against all claims, actions, costs, expenses, including legal costs and legal expenses, suffered by the Company against any damage, loss or liability (whether civil or criminal) suffered by the Company resulting from any act disregard or default of the Customer or Customer’s employees or agents or breach of any of these Terms and Conditions or any other Terms and Conditions regarding the Services or breach of legislation regarding the Services.
6. Charter Companies’ rights and obligations
6.1. Charter Companies are fully responsible for all information that is posted on the Site regarding Charter Companies’ Vessels, including but not limited to rates, availability, Charter Companies’ Terms and Conditions, etc.
6.2. Charter Company is to post a booking price, Vessel information, photos and other necessary materials on the Site.
6.3. Charter Company is to set Cancellation, Pets, Kids, Required ID and Reimbarkation (if any) policies in the dedicated section of their proﬁle on the Site.
6.4. Charter Company has to provide its own services to the Customer according to the Customer’s booking order in a professional and proper way.
6.5. Charter Companies guarantee and undertake that they are the lawful and beneﬁcial owners of the Vessels, or duly authorized by the lawful and beneﬁcial owner of these and have the exclusive usage and offering rights, guarantee and undertake that they hold all licenses, insurances and other documents required by the legislation for Vessel usage.
7. General Check In Procedures
7.1. Upon takeover of the vessel, the Client makes the entire inspection of the vessel and signs the Check In list as a confirmation that no damages occurred on the vessel (including underwater part of the vessel) before the boarding. By signing the Check In list the Customer confirms he/she is familiar with the house rules, available in the documents of each vessel.
7.2. The Customer is obliged to pay a security deposit to the Service Provider (if not stated otherwise) upon the date of Check In to cover any damage or loss that can occur during the charter, and is not covered by the vessel's insurance. The deposit is payable in cash or by credit card. The deposit will be returned in full to the Customer once Service Provider’s base staff have confirmed that the vessel has been returned on time and to the agreed place, is clean (in compliance with house rules) and is in good condition with a full fuel tank, and the Check Out list has been signed by skipper. In the event of the damages covered by the insurance policy and the amount of repair exceeding the deposit amount, the Service Provider will retain the entire deposit and issue the additional invoice to the Customer. If the Customer does not accept the vessel within 24 hours of the agreed time without prior notification, the Service Provider reserves the right to terminate the contract with no further claims against them by the Customer. Service Provider’s liability for any amount higher than agreed charter price and for any other claim for compensation of damages is excluded. When Checking In, the Customer is obliged to carefully inspect the vessel and its equipment, and certify that the condition of inventory and equipment is in compliance with the Check In list.
7.3. The Client must submit any complaints regarding the state of the vessel or the equipment in writing before taking over the vessel. The Service Provider will not accept liability for any claim or price reduction arising from the hidden defects and deficiencies of vessel and/or equipment at the time of embarkation and regular maintenance of the vessel as well as for deficiencies and failures that may occur after the time of boarding, that could not been foreseen or prevented by the Service Provider.
7.4. Upon Check In of the Customer, the vessel will have all valid documents as well as other annexes from the vessel's folder available on board. The Customer undertakes to take exceptionally good care of the aforementioned documents and return them when checking out. Any complaint about the received documentation has to be submitted in writing by the Customer, prior to the takeover of the vessel. The Customer is obliged to return them to the reception desk when checking out.
6.5. Charter Companies guarantee and undertake that they are the lawful and beneﬁcial owners of the Vessels, or duly authorized by the lawful and beneﬁcial owner of these and have the exclusive usage and offering rights, guarantee and undertake that they hold all licenses, insurances and other documents required by the legislation for Vessel usage.
8. General Check Out Procedures
8.1. The Customer is obliged to return the vessel in good condition. The damage compensation will be executed in case of property negligence and failure to comply with the house rules. If during the charter period, sailing for any reason is not possible and/or a delay in return of the vessel is inevitable, the Customer must inform the base manager and the Service Provider, requesting further instructions. Unfavorable weather conditions cannot justify delays in bringing the vessel back. In the event of the eventual delay, not caused by technical defects on the vessel, the Customer can be charged for the collateral damage caused by the delay. In the event of the return of the vessel is made to other port than the one agreed in the beginning, the Customer is liable for the cost of transferring the vessel to the agreed port, a penalty charge for the delayed return (if there is one) and any damage that may have resulted from the transfer and is not covered by the vessel's insurance. Service Provider is entitled to deduct all the costs arising from the delay or transfer of the vessel primarily from the security deposit. If the costs exceed the amount of security deposit, the Customer is obliged to pay the rest. The Customer is obliged to notify the representative of Service Provider about any defects or damage. If the damage is beneath the waterline, or is assumed to be beneath the waterline of the vessel, it is necessary to inspect the vessel in detail, either by the intervention of professional divers or using a vessel crane. The Customer is to be charged for all the associated costs.
8.2. The Customer agrees with and declares:
- to send to the Service Provider the complete crew list, with the full names, addresses, dates and places of birth, citizenship, and the type and number of valid identification documents, along with a valid skipper license, no less than 2 weeks prior to the start date of the charter period;
- to be in possession of valid travel documents. Customer bears any costs relating to loss or theft of documents during the period of the charter;
- to carefully read all written documentation on board;
- to sail in a safe and responsible manner (never under the influence of alcohol or narcotics) and to handle all gear and equipment with care and attention;
- to sail only within the territorial waters of the country you started your charter in. Sailing outside territorial waters of the country you started the charter in is permitted only if a signed permit is obtained from the Service Provider, along with all the other necessary and related documents;
- to sail only in safe weather conditions and good visibility, and to avoid dangerous areas;
- to adjust sailing to the weather conditions and the ability of the crew;
- to never leave port of anchorage if the vessel or its equipment essential to the safety of navigation is not functional;
- to never leave the port if port authorities have imposed a prohibition of sailing, i.e. have placed a ban on departure or in case of insufficient fuel supplies;
- to limit the number of people on board to not more than the maximum number for that type of the vessel, and to ensure only people on the crew list are allowed on board;
- not to participate in regattas or races without first acquiring a written permit from the Service Provider;
- not to tow another vessel and to undertake all necessary measures to avoid a situation in which a chartered vessel is to be towed;
- to accept financial responsibility for any liability Service Provider may have towards third parties that was caused by Customer’s, or the charter party’s negligence or omission;
- to accept responsibility for violating any rules of navigation or other laws and regulations during the charter period (this responsibility does not expire after the charter period is over);
- to immediately notify the Service Provider of any breakdown, accident or damage to the vessel, to record the event, register the incident at the nearest Harbour Master's Office and request a verified report from the Harbour Master, doctor or other competent authority;
- to accept the full financial responsibility for any damage caused by negligence or omission, which is not covered by the insurance and for which the Service Provider is liable to the third party;
- to immediately notify the Service Provider and competent authorities in the event of disappearance of the vessel or its equipment, the vessel not being fit for navigation, seizure of the vessel or the implementation of cruising limits by government authorities or third parties. In this case, the Customer has to request a copy of the police report;
- to accept full responsibility in case of seizure of the vessel by the competent state authorities due to unauthorized or illegal acts committed during the charter period;
- to accept responsibility in the event of serious pollution of the sea during refueling or due to inappropriate disposal of waste;
- to accept responsibility for all actions or omissions of passengers on board according to registered passenger list, as well as any other persons not registered but allowed on board by the Customer;
- to bear full material and criminal responsibility for actions contrary to agreed liabilities.
8.3. The Customer who assumes the function of the skipper must have the competence and skills required to navigate the vessel safely, along with a license for open sea sailing and a GMDSS Radio Operator's License. If the Client does not possess the required competence, skills and licenses for navigating the vessel, he/she warrants that the vessel is operated by the member of his crew, who has such qualification. The Service Provider reserves the right to ask the Customer or the appointed skipper of the vessel to demonstrate his/her competence and skills at sea, in the presence of the its representative. The time required for the demonstration is part of the agreed charter period. If during this demonstration the representative of the Service Provider determines that the Customer or the skipper appointed by the Customer does not have sufficient competence, experience and/or a valid license for navigation, the Service Provider will provide the crew with an official skipper at an extra cost. If the Customer refuses to accept the appointed skipper, the Service Provider reserves the right to prohibit departure of the vessel, cancel the trip and to retain the full paid amount. In these circumstances, any amounts paid will not be refunded. If the Customer knows in advance that a skippered vessel will be required, he/she must inform the Service Provider at the time of the booking. The security deposit is required when chartering a vessel with a skipper.
9. Vessel Insurance
9.1. The vessel carries third party damage and liability insurance (compulsory insurance). Comprehensive insurance for the vessel is provided in the amount of the vessel’s value as it is recorded in the insurance policy. The comprehensive insurance covers damage above the amount of the security deposit, but not the damages caused intentionally or by negligence. The Service Provider shall have no liability for loss or damage to personal effects of the Customer, or other passengers and crew members, nor is Service Provider responsible for any personal effects of third parties left on board, the company vehicle, or within the offices of a Service Provider. Upon making the advance payment and accepting the Terms And Condition, the Customer waives all damage claims towards the Service Provider for loss or damage to personal or third party effects. In the event of loss or damage, the Service Provider must be notified immediately. In the event of a more serious incident, or the participation of more than one vessel, the Client shall notify the competent Harbour Master's Office, and request the necessary documents for the insurers. In case the damages covered by the insurance policy are not immediately reported to the Service Provider, competent bodies and the insurance providers, or in case the necessary documentation has not been submitted on time, they would not be acknowledged in accordance with the terms of insurance and and would need to be covered by the Customer. In case of damage to the vessel covered by the insurance policy, Customer is obliged to cover all costs in accordance with the existing comprehensive insurance conditions only up to the amount of a security deposit. Customer is liable for the cost of all damages to the vessel and/or equipment caused by him/her or his/her party’s negligence or misuse and/or loss of one or more parts of the equipment.
9.2. The sails are not insured. The Customer is liable for any cost incurred for damage to the sails. The Customer shall have no liability for reasonable wear and tear of sails and for any damage to the sails caused by breaking of the mast. The deposit insurance policy does not include damage to the sails, damages to or loss of inflatable boat and outboard engine(s).
9.3. The Customer is financially liable for any defect or damage to the vessel that occurs during the charter period and that is not related to the vessel’s depreciation. Before making any repairs or purchases, the Customer will contact the Service Provider and reach an agreement on the technical feasibility of the repair and the manner of payment. The Service Provider is financially liable for any loss or damage that occurs during the charter period and which is caused by reasonable wear and tear of the vessel and its equipment. The Customer must obtain the approval of the Service Provider prior to initiating any repairs in order to agree on the technical and financial aspects of the repair. The Customer will pay for the repairs on site and keep the invoices in order to be refunded in full upon return to the base.
9.4. The Customer will immediately notify the Service Provider of any defects or damage regardless of their cause. If the base of the Service Provider is not able to arrive and immediately eliminate the damages occurred, the Service Provider will personally eliminate those damages, or instruct the Customer to engage the third party to eliminate the damages occurred. Prior to the repair of the damage by the third party, the Service Provider must certify the manner of execution of repair and its cost. After the Service Provider approves the agreed cost and the manner of execution of the repair, the Customer is authorized to settle the cost of the repair on behalf of the Service Provider. The Customer is required to keep the paid invoice. In the event of any damage or failure due to the age or deterioration of the vessel, the Service Provider is obliged to refund the amount paid to the Customer. Any unauthorized repairs or changes to the gear and equipment will be charged to the Customer.
10. Site operation
7.1. United Arab Emirates is our Country of Domicile. The Company controls this Site from U.A.E. The Company makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
11. Applicable law and language
8.3. All disputes and differences arising out of this Terms and Conditions or in relation to any transaction covered by this Terms and Conditions or for any actions and/or inactions occurred by the Customer and/or the Charter Companies regarding usage of the Site and/or usage of the Services and/or usage of Vessels or otherwise affecting the relationship of the Customer with the Charter Companies shall be settled between the Customer and the Charter Companies. If the settlement does not become feasible, the matter shall be referred to the competent court of United Arab Emirates and the applicable law shall be of United Arab Emirates law.
8.4. If there are versions of any part of the Terms and Conditions which are written in more than one language, the version which is in English shall prevail.
8.5. The language for all written communications shall be English.
12. Ofﬁce foreign assets control (OFAC) sanctioned countries
9.1. The Company will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics trafﬁckers designated under the OFAC programs that are not country speciﬁc.
13. Permitted use
10.1. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise speciﬁcally authorized by the Company to do so. You also agree not to deep-link to the site for any purpose, unless speciﬁcally authorized by the Company to do so. The content and software on this Site is the property of the Company. The cardholder must retain a copy of transaction records and Merchant policies and rules.
14. Customer’s account
11.1. If you use the Company Site, you are responsible for maintaining the conﬁdentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
15. No commercial use
12.1. This Site may not be used by you for any commercial purposes such as conducting sales of merchandise or additional services of any kind. You must obtain the Company’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. The Company will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from Site usage.
16. Links and search results
13.1. The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. The Company has no control over these sites or the content within them. The Company does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The Company does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
17. Copyright policy
14.1. The Company may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyright or other rights of third parties.
18. Intellectual property
15.3. You acknowledge and agree that the Company will own all rights, titles and interests in and to any copy, translation, modiﬁcation, adaptation, derivative work or improvement of the Online Materials made by or for you. At the Company’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to the Company or perfect these rights, titles or interests in the Company’s name.
19. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES.
16.1. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. THE COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF THE COMPANY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
22. Licence granted to you
19.1. By providing materials to the Company, including submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted the Company an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. The Company may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to the Company. Any communication or materials you send to the Company will be treated as non- conﬁdential and non-proprietary and may be disseminated or used by the Company for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
20.1. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. The Company is not responsible for the acts or omissions of any advertiser or sponsor.
24. Force majeure
21.1. The Company will not be responsible or liable for any changes caused by force majeure circuimstances. Force majeure circumstances are deﬁned as following:
-a booking is within 150 miles of a named or numbered storms;
-safety related cancellations stemming from the event of lightning, thunderstorms, heavy rain, or heavy wind within eight (8) hours or the time the of the scheduled rental;
-Coast Guard restriction (UAE and Oman only);
-death in the family;
-an issue with the boat that causes your rental to end prematurely that is deemed to be the responsibility of the owner. For such occurrences when the vessel is hired for multiple days a cancellation will be processed, pro rata, for the remainder of the rental if the condition is not ﬁxed within 20% of the total remaining rental time, calculated from the ﬁrst tender of notice to the owner regarding the condition, which has made the vessel inoperable;
-owner cancellation, no-show, or no access to the boat.
22.1. In event if any provisions of these Terms and Conditions deemed to be void, invalid or unenforceable that provision shall be severed from the remaining part. The remaining provisions shall nevertheless continue in full force and effect.
22.2. Headings & section titles in this Agreement are for convenience and do not deﬁne, limit, or extend any provision of this Agreement.