General Terms and Conditions
Updated on May 22nd, 2017
1. The Parties
1.1 Proteus Yacht Charters, Inc., provides recreational boat charter services and associated services and products. Proteus Yacht Charters is a trading brand of: Proteus Yacht Charters, Inc., Yew Tree Cottage, 53 Lee Street, Horley, RH6 8HD, United Kingdom, e-mail address: firstname.lastname@example.org
User, is defined as an individual or duly represented legal entity who uses this service to look for information on boat charter services and offers and to directly process a reservation and purchase services. All those individuals aged under eighteen will not be accepted as Users. The User declares, under his/her sole responsibility, that he/she is over eighteen years of age and that all of the personal information provided is true to his/her knowledge. The User declares and warrants that he/she is legally empowered to sign the booking form provided for by Proteus Yacht Charters on his/her own behalf or for any agents or representatives acting in his/her name and acknowledges that acceptance shall imply being bound by the present General Terms and Conditions and by the agreements and/or conditions established by the charter operator in their reservations agreements.
2. Scope of service
Through its website, via email and over the telephone Proteus Yacht Charters provides a direct sales and online platform through which charter operators and yacht owners can advertise their boats for reservation, and through which, prospective clients can make reservations. In making a reservation through Proteus Yacht Charters, the User enters into a direct contractual relationship with the charter operator, at which, the reservation for charter services is booked. Proteus Yacht Charters acts solely as a sales agent/broker between the User and the charter operator, transmitting the details of the reservation to the relevant charter operator and sending the User a confirmation email for and on behalf of the charter operator. When rendering its services, the information that Proteus Yacht Charters discloses is based on the information provided to Proteus Yacht Charters by the charter operators. As such, the charter operators are fully responsible for updating all rates, availability and other information displayed on the Website. Proteus Yacht Charters is only responsible for establishing contact between the final service provider and the User. Proteus Yacht Charters shall not be responsible for the non-performance or exact and compliant performance of those services that fall under the scope of the contract between the final service provider and the User. Each charter operator remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates and availability) displayed on the Proteus Yacht Charters website. Proteus Yacht Charter’s Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any charter operator.
Each User will engage in direct contractual relationship with the charter operator that will provide the service. Once the booking of such services will be completed on the website, you will receive a yacht rental contract/reservations agreement from the charter operator that will regulate all aspects of the services provided. The User expressly acknowledge that by making a reservation on the website the User will enter into a direct relationship with the charter operator and that Proteus Yacht Charters acts only as an intermediary for the purpose of effecting this direct business relationship.
3.1 Proteus Yacht Charters is obligated to transmit the information about each booking to the provider of the service, as described in the booking form.
3.2 Proteus Yacht Charters will charge the User the price of the requested services through our website. Proteus Yacht Charters will receive the payment made by the User in the name and on behalf of the charter operator that will provide the service, including all additional services as indicated by the Users in the Booking Form on the Website. Proteus Yacht Charters will transfer the funds to the charter operator according to the conditions established with each charter operator.
3.3 Proteus Yacht Charters will provide the Customer with confirmation of acceptance of the contracted services immediately after payment for such services will be completed according to the conditions stated on the Website. Within 24 hours of payment processing, a payment confirmation will also be sent to the email address provided by the Customer.
3.4 The User agrees at all times to provide accurate and truthful information for the details requested in the Booking Form and in any other form he/she is required to complete in order to contract the services offered by us and to ensure that this information is kept up to date. The User also expressly agrees to provide the final provider of the contracted service with all details and information that may be requested for the correct provision of the service in question. The Users authorizes Proteus Yacht Charters to verify the truthfulness of the personal data and any other information provided and agrees to cooperate with Proteus Yacht Charters during such verification.
3.5 The User is responsible for the full payment of the services contracted, respecting the procedure, periods and amounts stipulated on the website and/or in the Operator’s terms and conditions/reservations agreement.
3.6 The User expressly acknowledges that he/she is obliged to make use of these services consistent with all contractual obligations and in a manner compliant with any and all applicable laws, regulations, and according to the present General Terms and Conditions. The User accepts all responsibilities that may result from incorrect use of the contracted services.
4. Cancellation policy
4.1 Refunds will be issued in accordance with the cancellation policy of the charter operator providing the service.
Our service is free of charge to the User. Proteus Yacht Charters will not charge the User for its services or add any additional (reservation) fees to the yacht charter rate. Proteus Yacht Charters will process all payments and transfer the money directly to the charter operator responsible for providing the services in accordance with Proteus Yacht Charters agreements with the charter operator.
Unless stated differently on our website or in the confirmation email, all prices on the Website are weekly rates; i.e. 7 days and six nights unless otherwise defined, and are displayed including VAT tax and all other taxes (subject to change of such taxes).
Proteus Yacht Charters, Inc., acknowledges the importance of protecting the privacy and rights of Users using its website and service. Internet is potentially a very powerful tool for the circulation of personal data; Proteus Yacht Charters, Inc. is committed to complying with the regulations on personal data protection and security in order to guarantee the Users safe, controlled and confidential netsurfing.
This privacy statement may be amended in the future to ensure ongoing compliance with all applicable regulations in the event of their amendment or update.
Users are invited to read carefully the rules applied by the company to collect and process personal data and to continue to provide a satisfactory service.
This Privacy Statement, which is in accordance with personal data protection rules, describes the methods applied by the company to manage and process the personal data of:
• (i) Users who consult and use the website, and
• (ii) Users who use the service.
7.1 Hyperlinks. Proteus Yacht Charters accepts no liability for the content, commercial activities, products or services that may be viewed by accessing external links on the Website, either directly or indirectly. Proteus Yacht Charters shall not be held responsible for any actions deriving from the use of hyperlinks on the Website or for the consequences of accessing these links.
7.2 Disclaimer. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, Proteus Yacht Charters shall only be liable for direct damages actually suffered, paid or incurred by User due to any shortcoming of our obligations in respect to our services, up to an aggregate amount of the commission fee paid to Proteus Yacht Charters by the charter operator. To the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the charter operator as made available on our website, (iii) the services rendered or the products offered by the boats, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by the User, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the charter operator (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
7.3 The User agrees to use the website, its functions and the service for lawful purposes and according to the present General Terms and Conditions and any other agreements. The User agrees neither to send or spread, through the website and its functions, illicit, defamatory, vulgar, obscene, abusive or disturbing content, nor to use the website and its functions to perform any acts which could cause damage to the image and reputation of Proteus Yacht Charters or any other loss or damage to Proteus Yacht Charters.
Moreover, the User shall not send advertising materials, undesirable and/or unsolicited communications which could interfere with the functionality and/or the use of the website by third parties.
7.4 Jurisdiction. To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of St. Vincent and the Grenadines and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to a competent court in Kingstown, St. Vincent and the Grenadines.
Proteus does not retain banking and credit card information or ask for personal identification numbers. All credit card and banking information is passed through to our General Data Protection Regulation (GDPR) compliant charter partners on secure servers.
Your email data is used solely for analytical purposes (monitoring traffic within our digital assets) and shared with no other companies except for processing your charter requests with our charter partners in the process of booking your charter holidays and vacations.
Newsletter/Video/Sign-Up Voucher Offer
Terms and Conditions
A promotional voucher is an entitlement to a discount (up to the amount stated) off of a qualifying booking during a promotional period.
1. Promotional vouchers cannot be used for bookings made directly with the fleets; the booking must be made through Proteus Yacht Charters and only with the fleets Proteus represents.
2. Vouchers have a cash value of £0.001 and are not transferable or assignable and cannot be sold at auction.
3. £50 discount voucher available only to residents of the UK and Europe. $75 discount voucher available only to residents of the USA.
4. Single-use vouchers can be used only once.
5. Only one voucher can be used per booking.
6. Only one voucher can be redeemed per crew.
7. When using a voucher, the full deposit is required in order to confirm the charter.
8. Vouchers are valid for new bookings only.
9. A minimum stay or minimum spending amount may be applicable in order for a voucher to be valid (see individual vouchers for details).
10. Vouchers are redeemable only against the charter’s costs. They may not be redeemed against incidental hotel costs or additional services.
11. Proteus Yacht Charters reserves the right to decline to accept vouchers where, in its opinion, a voucher is invalid for the booking being made.
12. Proteus Yacht Charters reserves the right to cancel a promotion at any time.
13. Proteus Yacht Charters shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotional voucher or any failure or inability of a customer to use a promotional voucher for any reason.
14. Proteus Yacht Charters reserves the right to change these terms and conditions at any time.
15. Voucher must be used within 18 months from the date of issue.
16. Voucher may be combined with any special offers extended by fleet operators that Proteus Yacht Charters represents.
17. Voucher will be delivered via email only.
Gift Certificate Terms and conditions
Proteus Gift Certificates are valid only for service charters and canal trips booked through Proteus Yacht Charters to be used towards the purchase/booking of a boat charter or canal trip.
Proteus Gift Certificates have no cash value and are not redeemable for the cash amount on the certificate.
Proteus Gift Certificates must be presented at the time of purchase/booking of a charter or canal boat.
Proteus Gift Certificates are only redeemable through Proteus Yacht Charters only for goods and services provided by or booked by Proteus Yacht Charters not exceeding the credit balance on the certificate. Treat this certificate as cash; if it is lost, it will not be replaced. This certificate is property of the issuer.
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Photo Credits: Beneteau: Courtesy of Beneteau, © Photothèque Beneteau; BVI Tourist Board, Fountaine Pajot: Courtesy of Fountaine Pajot, © Gilles Martin-Raget; Lagoon: Courtesy of Lagoon, © Nicolas Claris
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