Terms and Conditions
Last updated: 16 February 2023
1. General Information
By using our Services (defined below), you’re agreeing to these Terms and Conditions, which will result in a legal agreement between you and Marina Romanova, individual entrepreneur registered at Therese-Blase-Straße 12, 68309, Mannheim, the Federal Republic of Germany (“we” or “us”, “Yachty”).
These Terms and Conditions shall apply in all cases when you (“Client” or “You”) access and use the Website. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
These Terms and Conditions are subject to change from time to time. We will post the changes to these Terms and Conditions on the Website, indicating the date these Terms and Conditions were last revised at the top of this page. If You continue to use the Website and Content after the date any such changes become effective, it is considered as your acceptance of the new or revised Terms and Conditions.
We reserve the right to suspend or terminate your use of the Website, or your access to the Website, with or without notice to you, if you breach these Terms and Conditions.
Website is intended to provide yacht charter brokerage services, as well as information and guidance about services and marketing information of Yachting companies. We may change Website Content at any time.
At Client’s request, we provide our services to coordinate the offer and all its details with the service provider, who is the yacht owner (the “Service Provider”). We support the Client at all stages of the booking from the request to the completion of the trip.
3. Fees and Payments
All invoices will be issued directly by the Service Provider to the Client. The Client shall not bear any costs for our Services and no invoices for our Services shall be issued for the Client.
Client’s order will be referred directly to the respective Service Provider, and a separate contract should be concluded directly between the Client and the Service Provider.
4. Intellectual Property
We own all proprietary rights in the Services and Website, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights.
You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to Yachty in the course of using the Website or which Yachty otherwise retrieves or accesses at your direction or with your permission (collectively, “Your Content”). Subject to these Terms and Conditions, you grant us permission to use or disclose Your Content (including any personal information therein) only as necessary to provide the Services to you and/or as otherwise permitted by these Terms and Conditions. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all Your Content to the Website and to grant the rights granted to us in these Terms and Conditions and (ii) Your Content and its submission and use as you authorize in these Terms and Conditions will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing Your Content.
You may provide or we may ask You to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Website. If You provide us with any Feedback, then You grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback You choose to provide is given entirely voluntarily. You understand that You will not receive any compensation for your Feedback, and that we may use any Feedback You provide to improve the Website or to develop new features and services.
5. Links to Third Party Websites
The Content displayed on the Website is provided by the third parties, like Service Providers. We try to keep information up to date, verify in person that yachts of Service Providers are real and intact, check reviews and work with trusted Service Providers.
Our Website may also contain links to third-party websites or services that are not owned or controlled by Yachty.
We have no control over, and assume no responsibility for, the accuracy of that Content provided by third parties on our Website, the content, privacy policies, or practices of any third party websites or services. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such Content.
You further acknowledge and agree that Yachty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services and/or our Website.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
7. Limitation of Liability
IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF DATA, PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS UNDER ANY CIRCUMSTANCES, ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE (INCLUDING THE CONTENT), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCESS TO, AND USE OF, THE WEBSITE (INCLUDING THE CONTENT), ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING THEREFROM.
FOR THE AVOIDANCE OF DOUBT, IN NO INSTANCE WILL WE BE LIABLE FOR ANY LOSSES OR DAMAGES YOU SUFFER IF YOU USE THE WEBSITE IN VIOLATION OF THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER WE TERMINATE OR SUSPEND YOUR ACCESS TO THE WEBSITE DUE TO SUCH VIOLATION.
YOU AGREE THAT THIS WEBSITE AND ALL CONTENT OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THIS WEBSITE AND ALL CONTENT OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES AND/OR OTHER PROBLEMS WITH THE CONTENT AND SERVICES AVAILABLE THROUGH, PUBLISHED ON OR PROMOTED OVER THIS WEBSITE, INCLUDING CONTENT AND SERVICES REFERRED TO, ADVERTISED OR PROMOTED ON OR SOLD THROUGH THIS WEBSITE. NEITHER WE WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT OR ANY CONTENT OR SERVICE PROVIDED OR MADE AVAILABLE THROUGH THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YACHTY AND ITS SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Governing Law
These Terms and Conditions are governed and shall be interpreted in accordance with the law of the Federal Republic of Germany.
10. Dispute Resolution
The Parties shall attempt to resolve any disputes arising during the performance of their obligations by way of negotiations. If the dispute is not settled by negotiation, it shall be resolved by the courts of the Federal Republic of Germany in compliance with the legislation of the Federal Republic of Germany.
Failure to exercise a right or to enforce or insist upon compliance with any provisions of this Terms and Conditions shall not constitute a waiver of any such right or provision, or any other provisions of this Terms and Conditions.
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website.
Any notice to us will be effective when delivered to us: Attn. Marina Romanova, Yachty, Therese-Blase-Straße 12, 68309, Mannheim, the Federal Republic of Germany, or any addresses as we may later post on the Website.
the Federal Republic of Germany