Terms & Conditions
”Our Service & Usage”
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Pristine Yachting and Brokerage Ltd of Kemp House, 160 City Road, London, EC1V 2NX (hereinafter “Pristine Yachting”, “we”, “us” or “our”), concerning your booking via the www.pristineyachting.com website.
You agree that when making a booking, you have read, understood, and agree to be bound by all of these Terms and Conditions and our Cancellation and Refund Policy. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from making a booking.
Supplemental terms and conditions or documents that may be posted on the Web Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Web Site after the date such revised Terms and Conditions are posted.
The information provided on the Web Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Web Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Services
Pristine Yachting provides a website through which different yacht providers, charter companies, marinas, individual boat owners (collectively “Lessor(s)”), can advertise their vessels for rent, and through which you can make bookings of listed vessels.
You expressly acknowledge that by making a booking on the Pristine Yachting website you will enter into a direct relationship with the Lessor and that Pristine Yachting acts solely as an intermediary with the purpose of allowing such direct relationship to take place.
Pristine Yachting is transmitting the details of your booking to the relevant Lessor and sending you a confirmation email for and on behalf of the Lessor.
When offering our services, the information that we show is based on the information provided to us by the Lessors. As such, the Lessors are fully responsible for updating the rental price, availability and other information. Although we will use reasonable resources in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to use, copy, sell, display, or reproduce any content or information, products or services available on our website for any commercial or competitive activity.
2. Obligations
Pristine Yachting has the obligation to transmit the information about each booking, as they are indicated in your booking form, to the relevant Lessor.
Pristine Yachting has the obligation to charge you the price of the services contracted for via the website, as per your accepted quotation or otherwise in writting.
Pristine Yachting will receive the payment made by you in the name and on behalf of the Lessor that will provide the service, including all additional services as indicated by you at the time of booking. Pristine Yachting will transfer the funds to the Lessor according to the conditions established with each Lessor. For clarity, these Terms and Conditions concern the booking process only and Pristine Yachting will issue a separate quotation and or Charter Agreement as applicable.
Pristine Yachting will provide you with confirmation of acceptance of the booking immediately after payment for such services will be completed according to the conditions stated on the Website.
When making a booking you undertake at all times to provide correct information for the details requested at the time of booking and in any other form. You are also required to ensure that the information you provide to us is kept up to date.
You are responsible for the full payment of the services contracted for at the time of booking.
You acknowledge your obligation to make use of these services in a lawful manner and in compliance with any applicable laws, regulations and accordance with these Terms and Conditions.
You accept all responsibilities that may result from an incorrect use of the contracted services.
You confirm that you have all the necessary permits to lawfully operate the reserved yacht, or that you will ensure that a person with all such permits will be present and operating the yacht.
3. Prices
Our service is free of charge. Pristine Yachting will not charge you for its services or add any additional (booking) fees to the prices quoted. Pristine Yachting will process all payments and transfer the money directly to the Lessor responsible to provide the services.
All prices on the website are displayed including VAT and all other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email.
4. Payment
Unless otherwise agreed with Pristine Yachting in writing prior to the booking, the rental payment shall be made in two instalments:
50% of the charter fee to confirm the booking,
50% of the charter fee plus all booked options 45 days before the beginning of the charter.
Receipt of payment will be issued within 2 business days of payment being received. The initial charter fee is non-refundable.
5. Security Deposit
A Security Deposit is required to cover the risk of damage to the yacht, loss of equipment or late return and cleaning. The specific amounts may vary and are set out in the Charterer Agreement and must be paid to the Lessor before the beginning of the charter.
6. Changes
All changes to bookings (changes to names, changes of the named Lessee, booking date, etc.) must be made in writing by sending an email specifying the required change to Pristine Yachting. Each change will subsequently be confirmed, if that change can be made. If a change cannot be made, you will be informed in writing by Pristine Yachting. The confirmed change will become part of the Agreement as an Amendment hereto. Pristine Yachting reserves the right to charge reasonable additional administrative costs as a result from such changes. Pristine Yachting must be given at least 14 (fourteen) days written notice before the beginning of the charter.
7. Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Pristine Yachting, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Pristine Yachting.
8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Pristine Yachting or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.pristineyachting.com without prior permission.
10. Privacy
For the purposes of applicable data protection legislation, Pristine Yachting will process any personal data you have provided to us in accordance with our Privacy Policy available on the Pristine Yachting website or on request from Pristine Yachting.
You agree that, if you have provided Pristine Yachting with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Pristine Yachting and (b) that you have brought to the attention of any such third party the Privacy Notice available on the Pristine Yachting’s website or otherwise provided a copy of it to the third party. You agree to indemnify Pristine Yachting in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
11. Disclaimers
Pristine Yachting makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our directors, employees, representatives, subsidiaries, affiliated companies, or others involved in managing the website and its contents shall be liable for
any direct, indirect, consequential or punitive loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation
any inaccuracy relating to the (descriptive) information (including rental price, availability) of the listings as made available on our website,
the services or products offered by the Lessor or other business partners
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
any injury, death, property damage, or other (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the service provider or any of our other business partners (including any of their employees, directors, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any cancellation, overbooking, strike, force majeure or any other event beyond our control.
12. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Pristine Yachting accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
13. Limitation of Liability
To the maximum extent permitted by law, Pristine Yachting accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site and Services or any information contained therein. Users should be aware that they use the Web Site and Services and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Pristine Yachting’s liability for death or personal injury resulting from any negligence or fraud on the part of Pristine Yachting.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
14. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
16, Notices
All notices/communications shall be given to us either by post to our Premises (see address above) or by email to bookings@pristineyachting.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
17. Law and Jurisdiction
These terms and conditions and the relationship between you and Pristine Yachting shall be governed by and construed in accordance with the Law of England and Wales and Pristine Yachting and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.