Website Terms and Conditions
This website is owned and operated by UMDC LTD a company incorporated in England whose registered address is 75 Barberry, Coulby Newham, Middlesbrough, TS8 0WB England and whose company number is 07090597.
This is the user agreement that governs your use of this website and the provision of the services we provide you. Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you.
1. Specific Terms relating to the charter of a boat
When we arrange for the charter of a boat, Exclusive Gulets act as a disclosed agent to the boat owner. Although in most cases we choose not to, we also reserve the right to act as an agent for third party suppliers, such as the charterer or charter operator. We also act as your agent and we are responsible to you for the proper performance of those agency services. These terms form the contractual basis of that agency service.
Although you don’t pay us (we get paid by receiving commission from our suppliers) the price you will pay will, in nearly all cases, be the same as if you went to the suppliers direct.
As we act as agent this will mean that we have no contractual liability to you in respect of that charter. If there is a problem with the boat or the boat charter then typically your contractual remedy will be against the supplier, not us. In most cases this will mean that there are additional terms and conditions governing the contract for the charter of a boat as each supplier will have bespoke terms and conditions relating to the charter of its boat.
You may request to see any such contracts before paying a deposit to us. However, we may still be liable to you if we have been in breach of our agency services agreement (these terms), have been negligent, we have misrepresented important information or have been in breach of any other relevant law.
To complete a transaction with one of our suppliers, you must first contact us or submit an Online Enquiry Form informing us of your boat and availability requirements. From then, one of our representatives will search for the right boat from our extensive list of suppliers and call you back with your options.
Please note, all queries are subject to availability and we cannot guarantee that all of your requirements will be met. How the transaction is then completed and the contract formally formed will be explained to you on the phone or email by a sales representative. This will include, without limit, whether a deposit or full payment is required to be paid and/or whether a written contract is required to be signed.
Where we request payments to be made up-front on booking we will immediately pass the money (less our commission) to the relevant supplier.
You accept financial responsibility for all transactions made under your name or account. Failure to supply the correct credit or debit card billing address information and/or cardholder details may result in delays to the completion of your charter reservation and risks losing the yacht charter agreement. Please ensure that the details you give match those on your credit card billing statement. We also reserve the right to cancel a booking after issue if payment is declined or incorrect cardholder details and billing information have been supplied. Further, in an effort to minimise the effects of credit card fraud, we reserve the right to carry out random checks, including checks of the electoral roll, and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement before issuing any documents.
Following our receipt of your payment, we will send you confirmation that we have received that payment.
Upon completion of a transaction we will send to you instructions to find the boat, invoice, confirmation of payment (if relevant) and any other instructions or documents we believe necessary.
When only an initial deposit is required to secure your booking, you agree to pay the balance of the Charter Fee to Exclusive Gulets not less than 30 days prior to the Commencement Date. If you fail to do so, Exclusive Gulets may treat the booking as cancelled and seek to charter the Yacht to another person. If the Yacht is not re - chartered for the whole of the charter period, then one half of the total Charter Fee will be payable by you. In all circumstances Exclusive Gulets will be entitled to keep the Deposit.
In the event of you cancelling the booking more than 30 days prior to the commencement date, Exclusive Gulets will be entitled to keep the Deposit and refund any balance to you.
In the event of you cancelling the booking within 30 days prior to the commencement date the charter fees are not refundable. If Exclusive Gulets is able to re-charter the Yacht for all or part of the charter period, a proportion of the charter fee may be refunded at the discretion of Exclusive Gulets.
When you make any special requests that go beyond the services listed on the website we will of course work with out suppliers to try to ensure that the special request is met. However, special requests cannot be guaranteed, and, unless any liability arises due to us not complying with this term, we cannot be liable if the special request is not met.
It is important that all the information you give us when you contact us or otherwise when you use the website, is correct. This includes, without limit, ensuring that we have your correct contact (including e-mail) details at all times. It is your responsibility to inform us of any changes by contacting us as soon as possible. We cannot be held liable for sending you travel documents or other relevant information where you have given us incorrect or redundant contact details.
In order to make a purchase you must be over 18 years old, be purchasing for yourself and have the legal capacity to make the transaction.
You must ensure that before travelling you have suitable and adequate travel insurance arranged to cover the entire period of your holiday. It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visa and that you have obtained any necessary vaccinations to gain entry to any country you are visiting.
Please note, if you are British, you can get further information on this by accessing the Foreign Office website at www.FCO.gov.org.
All relevant travel documentation will be sent to you by e-mail in good time before the start of the charter period. Please make sure that upon your receipt of the travel documents, you check them carefully to make sure they accord with our agreement. If they do not, please contact us immediately to highlight your concern. It is your obligation to assist us to mitigate the potential loss caused by any errors by giving us adequate notice of any problem. We accept no liability for travel documentation not received.
2. General Terms
By displaying products on the Exclusive Gulets website, Exclusive Gulets is not making you an offer to sell (charter) that product. As products are subject to availability we have to confirm that a boat is available to be chartered before concluding a contract with you.
Exclusive Gulets uses sophisticated technology in both running its website and in sourcing its product. Very occasionally there may be times when obvious errors occur, for example when a price, product, service or other detail displayed or presented on the website is incorrect. In this case we reserve the right to refuse to enter into that contract, or to cancel (or agree an amendment with you in respect of) any contract if it has been entered into and it contains this mistake. This, of course, will be without any liability to you.
The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
3. Terms relating to Website use
The following terms apply to your general use of our website:
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page without express written consent. We reserve the right to withdraw linking permission without notice.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.