PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS WELL AS A SECTION GOVERNING THE JURISDICTION AND VENUE OF DISPUTES. THESE TERMS ALSO CONTAIN A LEGALLY BINDING RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK. By creating a username, a login, clicking submit, using the services of Charter Experts, LLC d/b/a Virgin Island Sailing® (“Broker) or by accessing Broker’s website, you agree that you have read, and acknowledge your acceptance of these Terms. The Terms are subject to change at any time without notice at Broker’s sole discretion. Additionally, any transaction for which you have made payment shall be governed by the form of Terms in effect at the time of such payment notwithstanding any subsequent changes hereto.
If you are obtaining a quote, information, booking travel for and/or securing or procuring a Charter (as that term is defined in Section 1 below) for more than just yourself, all references below to “Charterer” or “you” (and derivations thereof) shall be read to mean you on behalf of yourself and each individual within your group for whom you are obtaining a quote, information, booking travel for and/or securing or procuring Charter.
These Terms shall be read together and construed, to the fullest extent possible, to be in concert with any other agreement by or among Broker and Charterer. To the extent they cannot be so construed, then in the event of any direct conflict between these Terms and any other agreement by or among Broker and Charterer (including but not limited to the agreement executed by Charterer for a Charter Reservation (as that term is defined in Section 1 below), these Terms shall prevail.
Prepaid Charter Reservations. Typically, Broker negotiates charter rates in advance with the yacht owner or charter company (“Charter Provider”) to obtain cost-effective rates, and facilitate reservations and availability for yacht charters, excursions and travel (the “Charter”). Broker also provides services to you by facilitating the booking of reservations for consideration and receives a commission from the Charter Provider (the “Broker Fee”). The Broker Fee is included in the pre-negotiated Charter rate provided to you, plus taxes and other fees where applicable. You agree that your payment is for the total amount set forth in the applicable Charter agreement (which Charter Provider may refer to as a Charter Contract, Charter Agreement, Booking Terms & Conditions, Instructions and Terms for Accommodations, as well as other derivations) provided to you by Broker (“Charter Agreement”). Upon execution of the Charter Agreement and receipt of the applicable deposit, you will have made a reservation for the Charter that authorizes Broker to facilitate the Charter on your behalf (“Charter Reservation”), including making payment arrangements with the Charter Provider. You further agree that Broker is a third-party beneficiary to the Charter Agreement and shall have the right to enforce such agreement to the extent it deems such enforcement necessary or advisable to protect its rights hereunder or under the Charter Agreement.
Broker retains the Broker Fee as compensation in arranging your Charter Reservation. The Broker Fee varies based on the amount and type of Charter and/or services provided by Broker. By making a Charter Reservation, you accept and agree to the relevant cancellation and no-show policy of the Charter Provider set forth in the Charter Agreement. Cancellation and no-show policies vary for each Charter. Carefully read the Charter Agreement and additional information provided to you by Broker. It is expressly agreed by Charterer that the Broker Fee is earned at the time the Charter Reservation is made. Late payment, wrong credit card or debit card details, invalid credit or debit cards, or insufficient funds are for your own risk and account, and you will not be entitled to any refund of any prepaid amount unless the Charter Provider expressly agrees otherwise under the Charter Agreement or in some other signed writing.
Charter Rules and Restrictions. Additional terms and agreements will apply to your Charter Reservation and any purchase or rental of equipment or other items, supplies, provisions and travel you may select. Please read those additional terms carefully. In particular, if you have purchased airfare, please ensure that you read the full terms and conditions of carriage issued by the supplier. You agree to abide by the terms of purchase imposed by any supplier with whom you elect to deal, including but not limited to payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability, charges, fares, and use of products and services.
Payment. All payments must be made by personal check, bank/wire transfer, ACH payment and/or with a major credit card unless otherwise expressly stated. The total price for the Charter Reservation will be billed in U.S. Dollars unless otherwise stated. Some banks and credit card companies impose fees for international transactions. If you are making a reservation from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the amount provided by Broker for the Charter Reservation. In addition, a foreign transaction fee may be assessed if the financial institution that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the financial institution or card company. The currency exchange rate and foreign transaction fee is determined solely by your financial institution on the day that it processes the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your financial institution. Broker shall not be liable to you for any such service, conversion, or exchange fee.
Broker expressly reserves the right to cancel your Charter Reservation if full payment is not timely received as set forth in the Charter Agreement.
Cancellation and Rescheduling. You may cancel or change your Charter Reservation as set forth in the Charter Agreement by and among you, the Charter Provider and/or Broker. Please note that some Charter Providers do not permit changes to or cancellation of reservations after they are made, or after a certain date, as indicated in the Charter Agreement. You agree to abide by the terms of the Charter Agreement with respect to your Charter Reservation. Broker will not be responsible for reimbursing Charterer for any previously tendered deposits or payments by Charterer and disclaims all liability for the failure of a Charter Provider to refund or return any such funds.
Credit Card Transactions and Chargebacks. If for any reason, any Charter Provider is unable to provide the Charter, or any part thereof, for which you have contracted, your remedy lies against the Charter Provider, and not against Broker. However, Broker will use reasonable efforts to assist you and Charter Provider in reaching a resolution to a dispute between you and the Charter Provider. In the event that your payment has already been transferred from Broker to Charter Provider or to an escrow account, you agree that you will not seek a chargeback against Broker for such amounts transferred. You further agree to indemnify and hold Broker harmless from and against any liability, loss, damage or expense (including without limitation, reasonable attorneys’ fees) that Broker may incur in connection with chargebacks against Broker or under the Charter Agreement and your performance thereunder. If Broker incurs any costs, including but not limited to attorneys’ fees, to recover any payments charged back by your credit card company or other financial institution, you agree that you will be liable for these costs. If your payment is declined for any reason, you agree to settle any amounts owed to Broker via money order, cashier’s check, personal check or bank/ACH transfer immediately.
Broker Responsibility. Broker makes arrangements with the Charter Provider. Broker additionally makes additional arrangements with other suppliers for the various components and other services that comprise your Charter (“Charter Suppliers”). Broker is not an agent of these Charter Providers or the Charter Suppliers (and the Charter Providers and Charter Suppliers are not agents of Broker). Broker expressly disclaims any liability for the actions or omissions of the Charter Provider and the Charter Suppliers. The Charter Providers and the Charter Suppliers reserve the right to refuse service to you at their sole discretion. Broker assumes no liability for the acts of the Charter Provider or the Charter Suppliers in refusing service. Broker is not responsible for schedule changes and does not offer compensation for those changes. Broker is not responsible under any circumstances for any injury or damages you may suffer, in connection with sea, air or ground transportation, hotel accommodations, or other travel or excursion services arranged by Broker.
You understand Broker is not the source or supplier of the Charter or other travel services you requested and acts solely as a broker for the Charter Provider and the Charter Suppliers. You agree that the Charter Provider and Charter Suppliers whose names appear in the information supplied to you are those who are solely responsible for providing the Charter you purchase. You consent to and request the use of the Charter Provider and the Charter Suppliers and agree to not hold Broker responsible should any of them: (i) fail to provide the Charter or travel services you purchased, whether or not such services are listed in the Charter Agreement or otherwise, (ii) fail to comply with any applicable law, or (iii) engage in any negligent act or omission that causes you any sort of injury, damage, delay or inconvenience.
By using Broker’s services, you waive and release any claim against Broker, its affiliated and subsidiary companies, and their respective officers, directors, employees, contractors, and agents, arising out of or in connection with any loss of or damage to property or injury to any person caused by reason of (i) any defect, negligence, or other wrongful act or omission, or any failure of performance of any kind, by any Charter Provider, Charter Suppliers, or any other provider of sea, airline, hotel, ground transportation or any other travel provider connected to or otherwise associated with the Charter, (ii) any claim for inconvenience, loss of enjoyment, mental distress or other similar claim, (iii) any delayed departure, missed connection, substitute accommodation, termination of service or change in fares or rates, and (iv) overbooking, flight or other travel cancellation, lost or misconnected personal property, or any claim arising out of the air transportation portion of your travel, and (v) or any other claim arising out of or otherwise related to the Charter Agreement or services provided by the Charter Provider and the Charter Suppliers.
Excepting only liability that directly arises from the gross negligence or willful misconduct of Broker, you will not hold Broker responsible for any injury, damage or loss you may suffer while on a Charter, whether incurred on the Charter or in connection with any other rental, purchase, excursion or activity, regardless of the relationship of any of the foregoing with the Charter Provider or the Charter Suppliers.
Your Responsibility. By booking a Charter with Broker, you agree to defend and indemnify and hold harmless Broker, Charter Provider, Charter Suppliers, and each of their respective officers, directors, employees and agents, from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal fees, arising out of or in connection with: (i) your breach of these Terms or the documents referenced herein; (ii) your violation of any law or rights of a third party; or (iii) your use of the Broker website.
You will review your Charter Agreement and travel documents for accuracy upon receipt. You understand that it is your responsibility to review the accuracy of all details in the Charter Reservation provided to you, and that you may contact Broker if you have any questions.
You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
You understand that Broker recommends purchasing travel insurance to cover certain risks inherent in travel such as supplier bankruptcy and the inability to travel due to a medical or personal emergency.
No Warranties. All Charters, products, services, advice and information is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied to the fullest extent permitted under the law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any reservation request or Charter Reservation; (ii) regarding the availability of Charters, or any other product and/or services through Broker; (iii) that the use of Broker’s website will be error-free; or (iv) regarding the completeness, accuracy, reliability or quality of any information, content, data, service, advice or merchandise provided by Broker or through Broker’s website.
Broker has no special knowledge regarding the Charter Provider’s or Charter Supplier’s financial condition, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel during or otherwise in connection with your Charter.
Limitation on Liability. In no event shall Broker, Charter Provider, Charter Suppliers, and/or their respective affiliates, or any employees, agents, officers, directors, members or managers of any of the foregoing (“Broker and Charter Releasees”), be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use the Broker’s website, the Charter or services provided to you in connection with the Charter (including, but not limited to, your reliance upon opinions of the Broker), whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Broker and/or any other of the Broker and Charter Releasees have been advised of the possibility of such damages.
If, despite the limitation above, Broker or the Broker and Charter Releasees are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Broker, Charter Provider, Charter Supplier and the Broker and Charter Releasees will in no event exceed, in the aggregate, the greater of (a) the Broker Fee, and (b) One-Hundred Dollars (US $100.00).
The foregoing limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Broker and/or its providers.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF RELATING TO BROKER’S SERVICES OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver. No waiver by Broker of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Broker to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Governing Law and Mandatory Venue. The laws of the State of Florida govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. You agree that any action or proceeding initiated by Charterer against Broker shall be brought solely in the federal and state courts of Hillsborough County, Florida, and you submit to the jurisdiction of those courts and waive any objections to the exercise of personal jurisdiction over you by those courts. In the event any action or proceeding is initiated by Charterer in a court outside of Hillsborough County, Florida, Charterer agrees to pay Broker’s costs and reasonable attorneys’ fees associated with defending such action or proceeding and waives any and all defenses to the transfer of said action or proceeding, whether jurisdictional or otherwise, to a federal or state court in Hillsborough County, Florida.