Terms & Conditions
Terms & Conditions
1.2 By using our Website, you confirm that you agree to comply with and to accept these Terms.
1.4 Experiential Yachting and CLUB29SEAS are not a party to any direct yacht rental or charter or transport agreement or other transactions between users of the the Website .
1.5 You accept the Terms by actually using the Services and the Website. You understand and agree that your use of the Services and the Website as acceptance of the Terms from that point onward.
1.6 Company reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check this Website and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.
- Use of Virtual Marketplace / the Website
2.1 Experiential Yachting and CLUB29SEAS is a concept and a brand. Virtual Marketplace/ the Website is one of the communication tools to present the brand. Virtual Marketplace acts only as a venue for users of the Website to view and post available experiences related to yachting to facilitate the rental of such boats. Experiential Yachting and CLUB29SEAS are not a party to any actual agreement or transaction between the users. However Maria Yachting may provide the tools, have agreements and act as an intermediary in all the processes relate to a booking, such as a tool to enable a user to enter into a transaction to rent a specific yacht, as a part of specific experience, and payment services to facilitate the booking process.
2.2 The company has no control over the accuracy or correctness of the content or information provided. However the reliability of the provided information at Virtual Marketplace is very high as the experiences listed are constantly checked for the accuracy of the information in it and it is one of the key elements of the concept.
2.3 Each experience submitted at Virtual Marketplace is subject to approval. Each experience is approved and carefully checked in accordance to high standards of yachting industry before being published in Virtual Marketplace.
2.4The process presented at the page “About” – “Evolved Process” illustrates the role of Virtual Marketplace. Any part involved in the process of an actual or potential transaction between the users, including the condition, quality, safety or legality of the yachts advertised, the truth or accuracy of the listings (including the content thereof or any review related thereto), the ability of users to rent the yachts, to pay for the rentals, to operate the yacht, which are part of the experiences, are solely the responsibility of the third parties. The user acknowledges and agrees that they are solely responsible for the compliance and safety aspects.
2.5 The company is also not responsible for the condition of any boats listed on the Website or the compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction. The submitters of the experiences acknowledge and agree that they are solely responsible for ensuring compliance with laws, rules or regulations that may be applicable to yacht operation, maintenance, rental or charter in the jurisdiction in which the experience’s submitter operates or is otherwise located.
2.6 The users, who select the experiences through Virtual Marketplace agree to follow the process presented at the page “About” – “Evolved Process” and so any yacht rented transactions are regulated by the contracts and agreements presented by the third parties. The users comply with any legal or safety requirements for the process and have exclusive responsibility for such compliance.
2.7 Virtual Marketplace is free of charge. You are responsible for making all arrangements necessary for you to have access to our Virtual Marketplace.
2.8 We do not guarantee that Virtual Marketplace , or any content on it, will always be available or be uninterrupted. Access to Virtual Marketplace is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of Virtual Marketplace without notice or liability to you or any third party. We will not be liable to you or a third party if for any reason Virtual Marketplace are unavailable at any time or for any period.
2.9 The user who gives the access to Virtual Marketplace though their internet connection are responsible for ensuring that all persons who access Virtual Marketplace through their internet connection are aware of these Terms & Conditions, Privacy & Cookies Policy and other applicable terms and conditions, and that they comply with them.
- By using Virtual Marketplace, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through this Website. Additionally, you agree not to use Virtual Marketplace or its contents for any commercial purpose without our express written permission; send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Services or the data contained therein; attempt to gain unauthorized access to the Services or its related systems or networks; make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; access, monitor or copy any content or information of Virtual Marketplace using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Virtual Marketplace; take any action that imposes, or may impose, in Company discretion, an unreasonable or disproportionately large load on Virtual Marketplace infrastructure; deep-link to any portion of this Virtual Marketplace (including, without limitation, the purchase path for any boat rental reservation) for any purpose without our express written permission; or “frame”, “mirror” or otherwise incorporate any part of this Virtual Marketplace into any other website/ websites without our prior written authorization.
2.10 By applying to become a member of CLUB29SEAS you agree to share the required information. The information communicated is solely reserved to the company and can not be disclosed to any third party. Full details can be found in Privacy & Cookies Policy.
- Uploading and filled in Content
3.2 The submitter confirms that he/she has all rights to use the submitted information, including any up-loaded files, about the yacht and experience on behalf of the yacht owner or owner’s representatives. Maria Yachting does not have any responsibility in regards to the submitted information in front of the yacht owner/ owner’s representative. The information communicated is solely reserved for the purpose of adding the experience to mentioned websites and can not be used for any other purposes.
3.3 Whenever you make use of a feature that allows you to upload any content to Virtual Marketplace, you must comply with the standards ( defined below in paragraph 3.4.). You undertake that any content you submit complies with those standards and you will be liable for any loss or damage we suffer as a result of your breach of this obligation.
3.4 Any uploads related to the photos should be high quality, represent the yacht and the experience at its best possible quality. The user should take references of the photos already used at other experiences as an example of our acceptable standard. During approval process, we have a right to choose the appropriate photos, to ask the submitter to change the photos or exclude some of the submitted photos
3.5 We exclude our liability for any loss or damage arising from the use of any of the Virtual Marketplace, our interactive services or the viewing of any user content. You should take appropriate precautions in the use of our interactive services (including (without limitation) limiting the disclosure of your personal information to any other person).
3.6 When using our services and posting any content you must comply with the spirit of the following standards, which apply to each part of any contribution as well as to its whole. You are solely responsible for your user content on the Virtual Marketplace.
3.7 User content must be accurate, complete and up-to-date, be genuinely held and comply with applicable law in England and Wales or in Principality of Monaco and in any country from which they are posted. It is the responsibilities of the applicant to provide the accurate content.
3.8 User content should not contain any material which is defamatory of any person, be likely to deceive any person, or be used to impersonate any person, or to misrepresent the identity or affiliation with any person. It should not be obscene, offensive, hateful or inflammatory or contain or promote any sexually explicit or violent material, or promote any illegal activity. The content should neither promote discrimination, be threatening or abusive, or invade another’s privacy, cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass, alarm or annoy any other person. The content should not infringe any copyright, database right, trade mark or any other intellectual property right or be made in breach of any legal duty, such as a contractual duty or a duty of confidence (or promote, advocate or assist any such behaviour). The content should not create a false or inaccurate impression or mislead any other person or contain information about any other person (including (without limitation) name, address, credit or debit card details, videos or photographs) if that person has not given you their specific and informed consent to the use of their information in the way you have used it.
3.9 By using Virtual Marketplace and filling in any forms you agree to all the above paragraphs regarding to the content.
- Submittingand modifying Yachting Experience on Virtual Marketplace
4.1 The company has rights to add any yachting experiences, which answer the standards and the concept of Experiential Yachting. However any third party, which is formally empowered to act as representative of the Yachting Experience or the vessel can request to withdraw or modify the experience anytime by simply sending an e mail to email@example.com
4.2 All the yachting experience submitted by the third parties, such as the vessel’s owner or legal owner’s representatives : captain, central agents or personal assistants, need to be approved by the company before being added to Virtual Marketplace.
4.3 The owner of the vessel or legal owner’s representative should be formally empowered to act as representative of the Yachting Experience and to have rights to promote the particular vessel. Virtual Marketplace has a right to request additional proves of the legality to represent the vessel and the experience in case of any hesitations.
4.4 By submitting the experience on the Virtual Marketplace the owner of the vessel or legal owner’s representative of the experience must constantly up-date The Company about any changes in regards to dates, availabilities, prices or any other important relevant information.
4.5 Virtual Marketplace has a right to decline or delete any Yachting Experience at any time without any explications
- Separate Agreements
5.1 As described in the the page “ About” – section “ Evolved Process” , you acknowledge and agree that you will be required to enter into a separate agreement directly with the owner or legal owner’s representative of the vessel, prior to making a booking or purchasing a product or service and enter into such agreement you may always have receive the advice from the company. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of the user and the owner or legal owner’s representative of the vessel. However, the Company, as an experienced yachting insider, guarantee that we have done maximum to check the legality of all Yachting Experiences, represented on Virtual Marketplace, and its providers. The strict internal standards of the Company also permit to assure the Users that the owner’s and owner’s representatives of the Yachting Experiences are professionals and uses the legal approved agreements and contracts. However, the company withdraw any responsibility in regard to any separate agreements.
5.2 In the event of a dispute between any users of Virtual Platform, the user hereby agree to indemnify, release, defend and hold harmlessthe Company and Virtual Platform and its owners, collaborators and affiliated partners ( collectively Virtual Platform parties) from any claims, causes of action, demands, recoveries, losses, damages ( actual and consequential), fines, penalties and other costs or expenses, of any kind or nature, including but not limited to reasonable legal and accounting fees ( collectively “ the claims” ), known and unknown, arising out of or in any way connect with such disputes, including, without limitation, disputes arising over breach of this agreement, breach of any separate agreement or transaction, and or the substitution of rental units. Further, any user hereby agree to indemnify, release, defend and hold harmless the Company and Virtual Marketplace from any claims brought as a result of users breach of the terms, violation of any law or the rights of a third party and use of the Virtual Marketplace and the services, products or software.
5.3 Cancelation policy, captain’s authority and responsibility, vessel owner’s responsibility, charterer’s responsibility, commissions, final duration of the Yachting Experience and final total price, Payment schedules and conditions, Insurance details, Force Major, Complaints, Breakdown policy, delivery terms and all other relevant aspects are defined in Terms & Conditions of Separate Agreement.
5.4 Most common separate agreement used by Virtual Marketplace is MYBA contract. However the parties might use any other agreements and contracts at their conveniences.
5.5 By using Virtual Marketplace you agree to all the above terms regarding separate agreements.
- Prices, Negotiations and commissions
6.1 The prices for the Yachting Experiences presented on Virtual Platform are always checked and believed to be accurate. However the Company does not have any responsibilities in regards to pricing.
6.2 As one of the services the Company helps users in negotiations in regard to prices and conditions for the Yachting Experiences.
6.3 Once the final price is agreed the users may enter into Separate Agreement.
6.4 The Company is entitled to commissions per each Separate Agreement that was evidently entered with the initiative of the Company and for one of the Yachting Experiences listed on the Virtual Marketplace.
6.5 The commissions are regulated in a Separate Agreement or any other agreements between any parties.
6.6 The Company charges in between 7% and 15% commissions of the Charter fees indicated in each Yachting Experience and also indicated in Separate Agreements. The amount of commissions is determined case by case. All Separate Agreements, which are represented by MYBA contract are entitled to 15% commissions as per MYBA terms & conditions.
- Booking & Payments
7.1 As described in the the page “ About” – section “ Evolved Process” & Section 6 , booking process involves Separate Agreement with reliable brokerage house or in some particular cases directly with the owner’s company. The Company does not have any responsibilities in regards to booking. However the Company guarantees that all the Yachting Experiences presented on Virtual Marketplace are organised by reliable well-reputed providers.
7.2 You acknowledge and agree that the payment goes either to the escrow account of the Company’s partner: KK Superyachts, Le Coronado, 20 Avenue de Fontvieille, MC98000 Monaco, or in some particular cases and after the agreement of all parties directly to the escrow account of another brokerage houses, which has legal formal rights to represent the owner of the vessel, or sometimes directly to the owner’s account, when appropriate and agreed with all parties in separate agreement.
7.3 The Company withdraw any responsibility in regard to any processes and transactions related to the payments.
- Charter fees and other expenses
8.1 As per industry standards the total price of the Yachting Experience may include Charter Fees, Local Tax and deposit for expenses ( APA – Advance Provisioning Allowance) .
8.2 The Charter Fees ( Operating Costs) normally includes the charter of the vessel, the crew expenses and salaries, the insurance etc. The Local Tax is vary from country to country according to legislations. The Local Tax is determined prior to entering into any agreements between parties. The deposit for expenses normally covers such expenses as fuel, port fees, experiences activities, food & beverages etc.
9.1The Company is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Virtual Marketplace, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with the Company. The latter has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that Virtual Marketplace assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that the Company shall not be included as a party to any such claims or disputes.
10. Limitation of Our Liability
10.1 You agree not to use the Virtual Marketplace for any commercial, business or resale purposes, unless you are our official partner, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.2 The Virtual Marketplace and its content are provided “as is” and, to the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our Virtual Marketplace or any content on it.
10.3 We will not be liable to any user for any loss or damage, whether in Separate Agreements, tort (including but not limited to negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Virtual Marketplace, or use of or reliance on any content displayed on our Virtual Marketplace. In particular, we will not be liable for any indirect or consequential loss or damage.
11. Affiliated Partners
12. Expert Support
12.1 The Company and its Virtual Marketplace is not involved in any type of employment placement services. The collaboration between independent companies
12.2 Expert support is an after-booking service, provided by the Company in collaboration with independent brokers and brokerage houses around the world. This collaboration is defined in a separate case by case agreement in between The Company and the expert. The expert in this case receives a fix remuneration according to determined tariffs upon the invoice. It is determined by current Terms & Conditions that The expert has not any employee – employer relationships with the Company.
12.3 Expert support includes, but not limited to the follow services to the Client:
- 24/7 availability by what’s app, e-mail or phone; replies within1 hour to any request related to booked experience;
- professional supervision in preparation of the trip: itinerary, preferences, transfer arrangements;
- 24/7 support during the trip in case of any doubts, questions or unexpected situations; legal advisory to protect the Client’s interest in case of any unexpected situations before, during or after the trip; professional supervision and advice on spending the deposit of expenses to protect the Client’s interests.
12.4 Expert support is a simple suggestion to the Client to use an expert in the area, where the Yachting Experience will take place. In the event of a dispute between any users of Virtual Marketplace and the suggested expert, the user and the expert hereby agree to indemnify, release, defend and hold harmless the Company and Virtual Platform and its owners, collaborators and affiliated partners ( collectively the “Virtual Platform Parties”) from any claims, causes of action, demands, recoveries, losses, damages ( actual and consequential), fines, penalties and other costs or expenses, of any kind or nature, including but not limited to reasonable legal and accounting fees ( collectively the “Claims” ), known and unknown, arising out of or in any way connect with such disputes. Further, any user hereby agree to indemnify, release, defend and hold harmless the Virtual Platform Parties from any claims brought as a result of users breach of the terms, violation of any law or the rights of a third party.
13.1 We do not guarantee that our Virtual Marketplace will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Virtual Marketplace. You should use your own virus protection software.
13.2 You must not misuse our Virtual Marketplace by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Virtual Marketplace, the server on which our Virtual Marketplace is stored, or any server, computer or database connected to our Virtual Marketplace. You must not attack our Virtual Marketplace via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Virtual Marketplace will cease immediately.
14. Use of forms
14.1 Virtual Marketplace contains various froms, which might need to be filled in to secure best possible service. The terms of data and private information use is explained in all details in Privacy and Cookies Policy. If you have any doubts or questions please contact firstname.lastname@example.org any time.
15. Copyright and trademark
15.1 Experiential Yachting is officially registered property of the Company. All content, designs, text, graphics, software compilations, source codes on this Virtual Marketplace are the copyright of the Company.
15.2 Experiential Yachting a conceptual yachting tool. Reproduction of part or all of the contents of Virtual Marketplace in any form is strictly prohibited other than for individual use only and may not be recopied and shared with a third party.
15.3 The Company is the owner or licensee of all the material and all intellectual property rights of part or all of the concept related to EXPERIENTIAL YACHTING and Experiential Yachting, including, without limitation, copyright and trademarks.
16. Applicable Law
16.1 Any disputes or claim arising out of or in relation to these General Terms and Conditions or in the relationship between the users and the Company, it should be first trying to be resolved amicably between the parties. If the disputes cannot be resolved amicably within 30 days it shall be settle in accordance to what provided for by current Terms & Conditions and Privacy & Cookies Policy and also Separate Agreements, if any.
16.2 Any dispute or claim arising out of or in relation to Terms & Conditions and Privacy & Cookies Policy and also separate agreements, if any(including non-contractual disputes or claims) or their subject matter shall be governed by the laws of England and you agree that the Courts of England and Wales will have exclusive jurisdiction to hear any such disputes or claims.