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Terms of Use

These Terms govern your access to, usage of all content, Product and Services available at https://youngyachtingcharters.com website (the “Service”) operated by Young Yachting Charters LLC (“us”, “we”, or “our”).

Your access to our services is subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.

Bareboat Charter

What should I know about bareboat charters?

  • A bareboat charter refers to a vessel rented out by its owner to another individual (the “charterer”) for a set duration, without providing a captain or crew.
  • Such vessels are classified as recreational and might not undergo Passenger Vessel inspections by the United States Coast Guard.
  • The charterer then employs a captain who assumes full responsibility for the vessel’s safe navigation and the well-being of its passengers.
  • Typically, the vessel owner is not liable for any accidents, personal injuries, or crew wages.
  • The charterer must handle the vessel’s crew, fuel, insurance, maintenance, repairs, and any associated liabilities.
  • The charterer must have the freedom to hire and fire the crew, including the master, without needing the owner’s approval.
  • The owner may set general proficiency standards for the crew based on federal regulations.
  • The Captain reserves the right to return the vessel at any time and for any reason.
  • Charterers and their passengers must ensure they fully understand and agree to the terms outlined in any bareboat charter agreement.

Charterer is renting a boat or a yacht on a bareboat basis from vendors through Young Yachting Charters LLC’s online platform

Captain and Crew referral Service: Charterer agrees to hire professional captain and crew members to operate the yacht and authorize Young Yachting Charters LLC to choose or refer captain or crew members for their needs

Zero Tolerance: Charterer agrees not to carry or consume illegal drugs aboard the vessel and to ensure that guests or crew members do not carry or consume illegal drugs aboard the vessel.

Limitations on Use

Charterer shall accept full responsibility for all their guests on the Yacht, and to carry any particular safety equipment needed for those guests on the Yacht. Charterer agrees that animals shall not be allowed on the Yacht; Charterer shall operate the Yacht prudently and observe all safety precautions.

Insurance Deductible

Charterer is responsible for the amount of the deductible in the event of an accident. Further, Charterer acknowledges that should a loss occur while anyone on the Yacht is participating in any illegal activity, the Charterer is fully responsible for all losses relating to liability and/or property damage claims.

Acknowledgements

I ACKNOWLEDGE, agree, and represent that I understand the nature of boating Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that I have been given a SAFETY BRIEFING and if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. I FULLY UNDERSTAND that:

(a) BOATING ACTIVITIES INVOLVE RISKS AND DANGERS;

(b) These risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place,or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW;

(c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation or that of a minor in the Activity. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE YOUNG YACHTING CHARTERS LLC and their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lesser of premises and vessels on which the Activity takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, LOSSES, DEMANDS OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OR RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releases, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the “Services”) made available in the United States and its territories and possessions by YOUNG YACHTING CHARTERS LLC and its subsidiaries and affiliates (collectively, “Young Yachting Charters”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In this Agreement, the words “including” and “include” mean “including, but not limited to.”

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Young Yachting Charters. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Young Yachting Charters may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Our collection and use of personal information in connection with the Services is as provided in Young Yachting Charters’ Privacy Policy.

Your Use of Services

Accounts

Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive boat services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances Young Yachting Charters may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.

Promotional Codes

Young Yachting Charters may, in Young Yachting Charters’ sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider’s services, subject to terms that Young Yachting Charters establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Young Yachting Charters; (iii) may be disabled by Young Yachting Charters at any time for any reason without liability to Young Yachting Charters; (iv) may only be used pursuant to the specific terms that Young Yachting Charters establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Young Yachting Charters reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Young Yachting Charters determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content

Young Yachting Charters may, in Young Yachting Charters’ sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Young Yachting Charters through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Young Yachting Charters, you grant Young Yachting Charters a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Young Yachting Charters’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Young Yachting Charters the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Young Yachting Charters’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Young Yachting Charters in its sole discretion, whether or not such material may be protected by law. Young Yachting Charters may, but shall not be obligated to, review, monitor, or remove User Content, at Young Yachting Charters’ sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Young Yachting Charters does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

You understand that use of the Services may result in payments by you for the services you receive from a Third Party Provider (“Charges”). After you have received services obtained through your use of the Service, Young Yachting Charters will facilitate payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent, using the preferred payment method designated in your Account, and will send you a receipt by email. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Young Yachting Charters. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Young Yachting Charters will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

All Charges are due immediately and payment will be facilitated by Young Yachting Charters using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Young Yachting Charters may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

Young Yachting Charters reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Young Yachting Charters’ sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand of the Services. Young Yachting Charters will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Young Yachting Charters may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

Cancellation

All sales are final. The only cancellation that is allowed will be cancellation due to small craft warnings in place at the time of the boat service. This payment structure is intended to fully compensate any potential Third Party Provider for the services provided. Young Yachting Charters reserves the right to cancel a booking and refund your money at any time for any reason, including but not limited to small craft warnings, Force Majeur, unavailability of boats and captains, etc..

Please referred to our cancellation policy for more detail.

Tipping

Please be aware that it is common practice to tip the boat captain. Young Yachting Charters does not designate any portion of your payment as a tip or gratuity to the captain or Third Party Provider. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. In the event you feel unwelcome pressure to provide a gratuity, you may factor that experience into the rating or additional feedback you give. However, captains very much appreciate tips.

Repair or Cleaning Fess

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from your use of the Services in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Young Yachting Charters in Young Yachting Charters’ reasonable discretion, Young Yachting Charters reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your preferred payment method designated in your Account. Such amounts will be transferred by Young Yachting Charters to the applicable Third Party Provider and are non-refundable.

DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUNG YACHTING CHARTERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUNG YACHTING CHARTERS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

LIMITATION OF LIABILITY.

YOUNG YACHTING CHARTERS SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF YOUNG YACHTING CHARTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUNG YACHTING CHARTERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF YOUNG YACHTING CHARTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUNG YACHTING CHARTERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND YOUNG YACHTING CHARTERS’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH YOUNG YACHTING CHARTERS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL YOUNG YACHTING CHARTERS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

INDEMNITY.

You agree to indemnify and hold Young Yachting Charters and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Young Yachting Charters’ use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

DISPUTE RESOLUTION

ARBITRATION.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Young Yachting Charters, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Young Yachting Charters are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Young Yachting Charters otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

ARBITRATION RULES AND GOVERNING LAW.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available atwww.adr.org/arb_med or by calling the AAA at 1-800-778-7879 FREE.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

ARBITRATION PROCESS.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

ARBITRATION LOCATION AND PROCEDURE.

The arbitration will be conducted in Marina Del Rey, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Young Yachting Charters submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR’S DECISION.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Intellectual Property

The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Young Yachting Charters LLC and its licensors.

Third-Party Services

In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third-Party Services”).

If you use any Third Party Services, you understand that:

  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
  • You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such websites or services.

Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Young Yachting Charters LLC .

Young Yachting Charters LLC assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Young Yachting Charters LLC shall also 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 web sites or services.

We advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Disclaimer

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Young Yachting Charters LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Young Yachting Charters LLC , nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted.

You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the State of California.

The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in California.

Changes

Young Yachting Charters LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time.

If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.

We will try to provide at least
30
days notice prior to the effective changes. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.

Your continued use of our Services will be subject to the new terms.

Contact Us

If you have any questions about these Terms of Use, please contact us at
contact@youngyachtingcharters.com

Last Updated: May 14, 2024