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. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
19. 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.
21. 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.