Terms & conditions

TERMS AND CONDITIONS 1. Your relationship with ACHATES 1.1 Your use of products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Achates Chartering Pte Ltd or any affiliates/ partners under a separate written agreement) is subject to the terms of a legal agreement between you and by Achates Chartering Pte Ltd (hereinafter referred to as “ACHATES”, whose registered place of business is at 6 Hillview Rise #20-17 The Hillier Singapore 667980. This document explains how the agreement is made up and sets out some of the terms of that agreement. 1.2 Unless otherwise agreed in writing with ACHATES, your agreement with ACHATES will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “General Terms”. 1.3 Your agreement with ACHATES will also include the terms of any Legal Notices applicable to the Services, in addition to the General Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. 1.4 The General Terms, together with the Additional Terms, form a legally binding agreement between you and ACHATES in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. 1.5 If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to that Service. 2. Accepting the Terms 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. 2.2 You can accept the Terms by: (a) By making payment; or (b) By actually using the Services. In this case, you understand and agree that ACHATES will treat your use of the Services as acceptance of the Terms from that point onwards. 3. Agreement on the provision of the Services 3.1 Core services provided by ACHATES includes but is not limited to: yacht charter services. 3.2 Embarkment and dis-embarkment point is usually at the specific berthing location of the yacht, and may be explicitly stated in the Additional Terms or Charter Agreement where applicable. Special boarding arrangements may be made upon request, subject to additional charges where applicable. ACHATES CHARTERING PTE LTD 6 Hillview Rise, The Hillier #20-17, Singapore 667980 Tel: +65 6270 0808 Mobile: +65 9783 8680 Website: www.achateschartering.com Facebook: @achateschartering Page 2 of 5 | Version 1.0 3.3 All prices quoted are in Singapore currency, unless otherwise specified. Yacht charter rates include the exclusive use of the vessel, boat captain, crew and fuel and utilities for the agreed duration, unless otherwise specified. Fuel and utilities are usually separately charged for extended charters, subject to Additional Terms. 3.4 Yacht charter rates are exclusive of food and beverages. Third-party catering surcharge (excluding self-catering or bring your own F&B) and corkage fee may be applied by the Marina. 3.5 Booking policy: Bookings and reservations are taken on a first-come-first-serve basis, subject to the availability of the yacht. 3.6 Payment policy: The yacht charter is only confirmed upon receipt of full payment by ACHATES. 3.7 Cancellation policy: All cancellation shall be made in writing. (a) For cancellations made more than 30 days prior to the charter date, a refund of 100% of the full charter fee will be given. (b) For cancellations made 14 to 29 days prior to the charter date, a refund of 50% of the full charter fee will be given. (c) For cancellations made less than 14 days prior to the yacht charter date, no refund will be given. 3.8 Late Policy: All charters are booked based on time slot. The charterer and guests are advised to be on time. No time compensation will be given for late arrival, and charter timings shall proceed according to the stipulated timing booked. 3.9 No-show Policy: Any arrival one hour after the stipulated charter start time shall be considered as no-show, unless the Yacht Captain is being notified. No refund will be given for no-show, and the charter shall be considered as fulfilled. 3.10 Time extension Policy: ACHATES may allow impromptu time extension, subject to the availability of the yacht and at the sole discretion of ACHATES. 3.11 Wet Weather Policy: The Yacht Captain is responsible for assessing the weather and deciding the next course of action. His decision is final and non-negotiable. Charterer and guests shall meet at the designated time and venue as per the booking details. (a) At start of the charter, the Yacht Captain will judge if it is safe to sail out, based on the condition at the point in time. • In the event of rain, the charter will continue to proceed. • If the rain develops into a thunderstorm, the charter will be delayed by up to an hour and the charterer may use the yacht and amenities. Any extension of the charter beyond the time slot booked will be subject to the availability of the yacht. • If the thunderstorm persists after the one hour wait, the charter will then be rescheduled to a mutually agreeable date and time. (b) Once the yacht has departed the Marina, the charter is considered to have been fulfilled and no cancellations or refunds will be provided. ACHATES CHARTERING PTE LTD 6 Hillview Rise, The Hillier #20-17, Singapore 667980 Tel: +65 6270 0808 Mobile: +65 9783 8680 Website: www.achateschartering.com Facebook: @achateschartering Page 3 of 5 | Version 1.0 3.12 The charterer shall make all attempts and exhaust all means of communications to contact the Yacht Captain from ACHATES before the charter. Yacht Captain details (name and mobile number) will be provided to the charterer along with the charter details. 3.13 Additional charges may apply for special requests such as cruising to other requested destinations. Overseas charters, weekly charters or extended long-term charters are available upon request. 3.14 ACHATES reserves the right to cancel any charter in the event of any unforeseen circumstances. In such cases, we may mutually agree on a later date of charter. Claims for any damages and/or inconveniences caused will not be entertained. 3.15 ACHATES reserves the sole and exclusive rights to cancel the charter over concerns on the safety of yacht and personnel. The Yacht Captain at all times, has full authority over the safety of the yacht and personnel, and can terminate the charter and return to the marina where, at the discretion of the captain, there is reasonable possibility of danger to the yacht and personnel. If such an event is due to technical reasons, ACHATES will apply the cancellation policy detailed above. If such an event is due to the unsafe behaviour (e.g. excessive alcohol consumption, dangerous act) of the charterer and guests during the charter, there will be no cancellation refund and the charter is deemed fulfilled. If the charterer decides to prematurely end the charter, the charter is deemed fulfilled. 3.16 Once the yacht has departed the Marina, the charter is considered to have been fulfilled and no cancellations or refunds are provided. 3.17 The Charterer agrees that the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the Charterer, Charterer’s family and guests, and shall not transport merchandise or carry passengers for pay, or race, or engage in any trade nor in any way violate the laws of Singapore or of any government within the jurisdiction of which the yacht may be at any time and shall comply with the law in all other respects. The Charterer agrees not to sub-charter the yacht without written consent of ACHATES. 3.18 For yacht charter within Singapore, this Agreement shall be construed and interpreted in accordance with the laws of Singapore with the exception of any admiralty or maritime claims which shall be construed under the maritime, Maritime Port Authority of Singapore. 3.19 Curtailment of Charter: In the event that ACHATES is unable to sail due to mechanical fault, ACHATES will refund the full amount for the yacht charter to the Charterer. In this event, there will be no further rights or claims for the damages or compensations from the Charterer. 3.20 Charterer shall indemnify and acknowledge that ACHATES and its employees shall not be held liable for any death, loss or injury arising from Charterer’s and the guest’s use of the yacht, its equipment or dinghy, or any activities. 3.21 The Charterer is liable for loss of or damage to the yacht or its equipment that results from the negligence or wilful misuse by Charterer, Charterer’s family and guests. Determinations of negligence or wilful misuse are made at the sole discretion of ACHATES. Any damages done to the yacht will be recorded. The charterer would be responsible on behalf of their guests to rectify or to pay for the repair cost. ACHATES CHARTERING PTE LTD 6 Hillview Rise, The Hillier #20-17, Singapore 667980 Tel: +65 6270 0808 Mobile: +65 9783 8680 Website: www.achateschartering.com Facebook: @achateschartering Page 4 of 5 | Version 1.0 3.22 The Charterer is bounded to the general terms and conditions (“General Terms”) as stated on this document. By chartering a yacht from ACHATES, you agree to our General Terms as well as any Additional Terms that may apply on a per-charter basis. In the event General Terms and Additional Terms conflict, the Additional Terms shall take precedence. 4. EXCLUSION OF WARRANTIES 4.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 4 AND 5, SHALL EXCLUDE OR LIMIT ACHATES’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 4.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 4.3 IN PARTICULAR, ACHATES, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. 4.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACHATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 4.5 ACHATES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 5. LIMITATION OF LIABILITY 5.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 4.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACHATES, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU. ACHATES CHARTERING PTE LTD 6 Hillview Rise, The Hillier #20-17, Singapore 667980 Tel: +65 6270 0808 Mobile: +65 9783 8680 Website: www.achateschartering.com Facebook: @achateschartering Page 5 of 5 | Version 1.0 5.2 THE LIMITATIONS ON ACHATES’S LIABILITY TO YOU IN PARAGRAPH 5.1 ABOVE SHALL APPLY WHETHER OR NOT ACHATES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 6. General legal terms 6.1 The Terms constitute the whole legal agreement between you and ACHATES and govern your use of the Services (but excluding any services which ACHATES may provide to you under a separate written agreement), and completely replace any prior agreements between you and ACHATES in relation to the Services. 6.2 You agree that ACHATES may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. 6.3 You agree that if ACHATES does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ACHATES has the benefit of under any applicable law), this will not be taken to be a formal waiver of ACHATES’s rights and that those rights or remedies will still be available to ACHATES. 6.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 6.5 The Terms, and your relationship with ACHATES under the Terms, shall be governed by the laws of Singapore without regard to its conflict of laws provisions. You and ACHATES agree to submit to the exclusive jurisdiction of the courts located within Singapore to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ACHATES shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction