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Web Site Terms and Conditions-end user

Terms and Conditions for Use of This Site

Please read these terms and conditions carefully, they contain important information about your rights and obligations

  1. Introduction

1.1       Please read these terms and conditions carefully before using the web site operated by Hotel Availabilities Limited (“Booking-Yacht.com”).  By clicking to accept these terms and conditions (“our web site”) you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time. You also agree to be bound by any other terms and conditions applicable to this transaction.

1.2       Without prejudice to the above, by using or accessing our web site, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our web site.

1.3       If you do not wish to be bound by these terms and conditions then you may not use our web site.  These Terms and Conditions for the use of this Site shall be read in conjunction with the other agreements entered into between the parties.

  1. Nature of our web site

2.1       Our web site is a place to select and order travel Services provided by an Accommodation Provider (“Accommodation Provider”) (the “Services”).  Our web site describes the Services in more detail.  If you are an Accommodation Provider then our site enables you to offer your holidays (availabilities) to the public.

2.2       This Site enables you to make a contract with a third party. We are acting as an agent in connection with that contract unless we expressly state otherwise.

2.3       Please note that the contents of our web site are aimed at users aged 18 and above, but you must be over 18 years to purchase the Services, using the payment method displayed on our web site.  Where a travel agent (“Travel Agent”) or a traveller (“Guest”) places an order with an Accommodation Provider then this web site merely acts as a portal to connect the two parties together so that they may contract direct with each other.  You will only be contracting with us directly where we expressly say so on the website.  We will not receive or hold money, but you will pay direct to the Accommodation Provider.

  1. Buying Services on our web site

3.1       To order Services you will need to follow the ordering procedures set out here.

3.2       Details of the prices for the Services are displayed on the web site.  You must pay by credit or debit card at the time of order or any other means as agreed with the Accommodation Provider. The price of any Services is the price in force at the date and time of your order. The Accommodation Provider may change the price of any Services before you place an order.  We try to ensure that the prices displayed on our web site are accurate but the price on your order will need to be validated as part of the acceptance procedure (see clause 3.3 below).

3.3       Booking-Yacht.com is entitled to refuse any order placed by you through our systems. If your order is accepted by the Accommodation Provider then acceptance will be confirmed to you by electronic means (“Confirmation”).

3.4       If the Services you ordered are unavailable, then where appropriate you may be provided with a substitute (‘Substitute Services’) or a refund may be provided by the Accommodation Provider.

3.5       You undertake that all details you provide to us for the purpose of purchasing Services from the Accommodation Provider which may be offered via our web site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost.

3.6       You must agree to these terms (as amended) each time you use the system.

3.7       You will also be bound by the Accommodation Provider’s terms and conditions and you should be aware that there may be extra or additional charges, taxes, currency fluctuation charges and other charges payable in addition to the price quoted on the site.

  1. Reservation and Cancellation

4.1       Our service is free of charge. We will not charge you for our service or add any additional (reservation) fees to the room rate. In some cases, in order to confirm a reservation with Booking-Yacht.com you are agreeing to pay a Non-Refundable/Non-Transferable X% Deposit (stated clearly at the payment process) of the total accommodation cost online, as mentioned in the hotel booking terms. You are responsible to the accommodation to pay the remaining X% of the cost of the accommodation in addition to any taxes or charges specified by the accommodation.

4.2       Accommodation providers require credit card details in order to guarantee your reservation. Your credit card information is sent directly to the yacht you reserve. When you make a booking you will automatically enter into an agreement with the accommodation provider you have chosen. Please be assured that some accommodation providers can charge your credit card while booking and some not. So you should check the hotel’s policies carefully. Be assured that we take our responsibility regarding your credit card information very seriously. We use the industry standard “Secure Socket Layer (SSL)” technology to encrypt your credit card details. Therefore we can guarantee that every transaction made is 100% safe.

4.3       Please follow the instructions in the confirmation email in case you need to cancel your stay. If you cancel according to the cancellation policy of the accommodation provider, it will be free of charge. We recommend you read the cancellation policy of the hotel carefully. If you cancel later than requested by the accommodation provider or do not show up, the accommodation provider might charge you a fee which is in most cases the equivalent of one night’s stay. Note, we don’t charge you any cancellation fees whatsoever. But some hotels may charge your credit card. You should check the accommodation provider’s policies.

4.4       By completing a booking, you agree to receive (i) an email which we may send you shortly before your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your booking and destination, and (ii) an email which we may send to you promptly after your stay at the yacht inviting you to complete our guest review form. Other than the email confirmation providing for the confirmation of the booking, the guest review invitation and the emails for which you may have actively opted in, we shall not send you any further (solicited or unsolicited) notices, emails or correspondence, unless you specifically agree otherwise.

4.5       The completed guest review may be (a) uploaded onto the relevant hotel’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the hotel, and (b) (wholly or partly) used and placed by Booking-Yacht.com at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Booking-Yacht.com. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

  1. Modifications to web site

We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or Services available through it, including your access to it.  Unless explicitly stated any new features including new content, and/or the sale of new Services shall be subject to these terms and conditions.

  1. Information you provide

6.1       The following applies to any information you provide to us, for example during any registration or ordering process:

  • You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services which are available through our web site by us or our sub-contractors.  If you obtain or choose to buy Services through our web site then we may collect information about your buying behavior and if you send us personal correspondence such as e-mails or letters or post reviews or other messages on the bulletin boards or in the chat areas then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’).  All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’.
  • You must ensure that the Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.  For more information about how we deal with your Personal Information, please read our privacy policy.
  • We may pass onto any Accommodation Provider or third party any information that you provide to us.
  • We may use any Personal Information for our own marketing purposes.

6.2       By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes.  You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our web site, which you should check regularly.  If you would like to review or modify any part of your Personal Information then you should email us at [info@Booking-Yacht.com].

6.3       In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (‘Content’):

  • you must own or have the right to submit Content for publication on our web site;
  • you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
  • we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

6.4       You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information.  You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.

  1. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our web site.  You may not share these with or transfer them to any third parties.  You must notify Booking-Yacht.com immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention.  You will indemnify us without set-off or counterclaim in full against any costs, charges or expenses or liabilities that we incur as a result of your breach of this clause.

  1. Applicability of Online Materials

8.1       Our web site is controlled and operated by us from our offices in London, UK.  Where content published on the web site is supplied by third parties, you understand that we do not control or endorse their contents in any way.  All content which is offered by third parties, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Services you purchase.  You assume total responsibility and risk for your use of our web site and use all information contained within it.

8.2       We have used our best endeavours to ensure that our web site complies with UK law.  However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom.

8.3       Booking-Yacht.com makes no warranties, express or implied that making the Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations.  Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you.  You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Services.  Booking-Yacht.com accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or relating to the purchase or attempted purchase of the Services by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

  1. Copyright and Monitoring

The contents of our web site are protected by international copyright laws and other intellectual property rights.  The owner of these rights is Booking-Yacht.com or other third party licensors.  All Services and company names and logos mentioned in our web site are the trade marks, Services marks or trading names of their respective owners, including us.  You may download material from our web site for the sole purpose of placing an order with Booking-Yacht.com or using our web site as a shopping resource.  However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or down loaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

  1. Linked Sites

Booking-Yacht.com makes no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site or material from any Accommodation Provider.  When you access any other web site or information provided by an Accommodation Provider you understand that it is independent from Booking-Yacht.com and that we have no control over the content or availability. In addition, a link to any other site does not mean that Booking-Yacht.com endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or Services available on or through any other web or resource.  Any concerns regarding any external link should be directed to its web site administrator or web master.

  1. Availability of our web site

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

  1. Liability

12.1     We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Services, our web site or any information or Services provided through our web site.  We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an ‘as is’ basis.

12.2     In relation to the purchase of Services, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), howsoever caused, even if foreseeable.  In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents and we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Booking-Yacht.com or our servants, agents or any other person.

12.3     If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Services concerned on the specific occasion of the breach in question.  This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.

12.4     You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site.  You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties.  You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

12.5     The limitations and exclusions only apply to the extent permitted by applicable law.

  1. General

13.1     We may assign, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

13.2     We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version.  You must check the terms and conditions on the web site regularly.

13.3     You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Booking-Yacht.com or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.

13.4     If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

13.5     These terms and conditions and your use of our web site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

13.6     Neither you nor Booking-Yacht.com will be held liable for any failure to perform any obligation to the other due to causes beyond your or Booking-Yacht.com’s respective reasonable control.

13.7     Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

  1. Notices

14.1     All notices shall be given:

  • to us via email at [info@Booking-Yacht.com]; or
  • to you at either the e-mail or postal address you provide during any ordering process.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

  1. Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of our web site.

  1. Statutory Rights & Rights of Third Parties

The rights of third parties act is expressly excluded from these terms and conditions.

These terms do not affect your statutory rights.

 

[Please click on the ‘I Accept’ button to confirm your acceptance of these terms and conditions