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MyDayBoat.com Website Terms and Conditions

 

This yacht charter website is owned and operated by enitiative.biz Limited (ĎMyDayBoat.comí) a company incorporated in England whose registered address is Enitiative.biz Ltd, Dukes Court, 32 Duke Street, St James's, SW1Y 6DF and whose company number is 05326363.

MyDayBoat.com is a trade mark owned by enitiative.biz Limited.

This is the user agreement that governs your use of this website and the provision of the services we provide you.

Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you.

1. Specific Terms relating to the charter of a boat

    When we arrange for the charter of a boat, MyDayBoat.com operates to an agency model. This means that we act as a disclosed agent for third party suppliers, such as the boat owner, charterer or charter operator. Much like an estate agent, we also act as your agent and we are responsible to you for the proper performance of those agency services. These terms form the contractual basis of that agency service.

    However, what that also means is that the final contract for the boat charter itself will be between you and that supplier. Not between you and us. There is a difference between the agency services we provide (which involves the service of finding you relevant boats) and the actual boat charter. Although you donít pay us (we get paid by receiving commission from our suppliers) the price you will pay will, in nearly all cases, be the same as if you went to the suppliers direct.

    In most cases this will mean that there are additional terms and conditions governing the contract for the charter of a boat as each supplier will have bespoke terms and conditions relating to the charter of its boat.

    Please make sure that you have read these terms and conditions before completing your transaction. All relevant terms and conditions will be available to you on request from our customer sales representatives before you complete your transaction.

    As we act as agent this will mean that we have no contractual liability to you in respect of that charter. If there is a problem with the boat or the boat charter then typically your contractual remedy will be against the supplier, not us. However, we may still be liable to you if we have been in breach of our agency services agreement (these terms), have been negligent, we have misrepresented important information or have been in breach of any other relevant law.

    To complete a transaction with one of our suppliers, you must first contact the supplier through our site or make a booking via credit card or other online payment method.

    Please note, all queries are subject to availability and we cannot guarantee that all of your requirements will be met.

    How the transaction is then completed and the contract formally formed will be clearly explained by the supplier on the booking page. This will include, without limit, whether a deposit or full payment is required to be paid and/or whether a written contract is required to be signed.

    Customers choosing to use credit cards may be subject to a credit card handling fee of 3%. You accept financial responsibility for all transactions made under your name or account. If you use a credit card to pay for your charter, you agree that in the event of a dispute, you will submit the claim to mutually agreed arbitration and revoke your right to reverse/cancel the charge.

    Failure to supply the correct credit or debit card billing address information and/or cardholder details may result in delays to the completion of your charter reservation and risks losing the yacht charter agreement. Please ensure that the details you give match those on your credit card billing statement. We also reserve the right to cancel a booking after issue if payment is declined or incorrect cardholder details and billing information have been supplied. Further, in an effort to minimise the effects of credit card fraud, we reserve the right to carry out random checks, including checks of the electoral roll, and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement before issuing any documents.

    Following our receipt of your payment, we will send you confirmation that we have received that payment.

    In many cases the contract between you and the supplier will not allow you to cancel and receive your money back unless the operator can re-charter the boat. To protect yourself against this risk we suggest you purchase the relevant travel insurance, Further, even if a charter can be cancelled there may be charges imposed on you by our suppliers in the event that you wish to cancel, just as there may be if you want to make an amendment to your booking. These charges will be in the contract between you and the supplier. In addition, we reserve the right to charge a Ä25 administration cost in the event that you cancel, or where we are required to make any amendments to your booking.

    It is important that all the information you give us when you contact us or otherwise when you use the website, is correct. This includes, without limit, ensuring that we have your correct contact (including e-mail) details at all times. It is your responsibility to inform us of any changes by contacting our customer services as soon as possible. We cannot be held liable for sending you travel documents or other relevant information where you have given us incorrect or redundant contact details.

    In order to make a purchase you must be over 18 years old, be purchasing for yourself and have the legal capacity to make the transaction.

    You must ensure that before travelling you have suitable and adequate travel insurance arranged to cover the entire period of your holiday. It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visa and that you have obtained any necessary vaccinations to gain entry to any country you are visiting.

    Please note, if you are British, you can get further information on this by accessing the Foreign Office website at www.FCO.gov.org.

2. General Terms

    By displaying products on the MyDayBoat.com website, MyDayBoat.com is not making you an offer to sell (charter) that product. As products are subject to availability our customer sales representatives have to confirm that a boat is available to be chartered before concluding a contract with you.

    MyDayBoat.com uses sophisticated technology in both running its website and in sourcing its product. Very occasionally there may be times when obvious errors occur, for example when a price, product, service or other detail displayed or presented on the website is incorrect. In this case we reserve the right to refuse to enter into that contract, or to cancel (or agree an amendment with you in respect of) any contract if it has been entered into and it contains this mistake. This, of course, will be without any liability to you.

    The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

    All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

    Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

    The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, these terms or to a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

    3. Terms relating to Website use

    The following terms apply to your general use of our website:

    Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.

    From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.

    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

    When using our website, you must comply with the provisions of our acceptable use policy.

    You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

    We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.

    You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

    You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

    If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

    We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

    We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

    Whenever you make use of a feature that allows you to upload material to our website, or to make contact with other users of our website, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

    Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

    We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.

    We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

    You must not misuse our website 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 website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

    By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 website will cease immediately.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link from any website that is not owned by you.

    Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page without express written consent. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

    If you wish to make any use of material on our website other than that set out above, please address your request to contact@mydayboat.com.

    Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

If you have any questions, please email us.

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