Luxury Private Catamaran Charter – All-Inclusive from St. Maarten

Weather Policy: Our operations continue in various weather conditions, including rain or cloudy skies. Rain or cloudy weather alone does not necessarily indicate unsafe sea conditions. The determination of unsafe sea conditions is exclusively at the Captain’s discretion. If, before Your charter begins, the Captain deems the sea conditions to be unfavorable or unsafe and your charter is cancelled as a result, then You will have the option of either rescheduling Your charter to an alternate date that is mutually suitable or receiving a 100% refund minus service fees. Cancellation or Changes Due to Unsafe Sea Conditions: - Before Your charter: If the Captain determines that sea conditions will be unsafe, then You will have the option to move Your charter to an alternate date that is mutually suitable or receive a 100% refund minus service fees. - During Your charter: If Your charter is already underway and the Captain determines that sea conditions are unsafe, resulting in the need to change the travel itinerary or any other criteria in Your Order, then a refund will not be provided. If necessary, You will be taken to the nearest shore and are responsible for paying for Your own transportation back to the pick-up/drop-off point or any other location. Cancellation Due to Unsafe Conduct: The Captain reserves the right to cancel Your charter at any time if Your charter is underway and anyone in Your group is behaving in a way that impacts the safety of other passengers or crew onboard. The Captain may remove any or all passengers under such circumstances. Removed passengers will be taken to the nearest shore and are responsible for paying for Their own transportation back to the pick-up/drop-off point or any other location. If Your charter is cancelled for these reasons You will not receive a refund. Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Waiver of Liability The Participant acknowledges and agrees that certain risks and dangers are involved with the services and activities offered by the Company, including risk or personal injury to the Participant. To the fullest extent permitted by law, You agree to waive and relinquish all Your legal rights or actions against the Company, and You fully release and indemnify the Company for any loss, damage, or personal injuries You may suffer or sustain arising out of or in relation to the services and activities rendered by the Company, except for circumstances of gross negligence or malintent committed by the Company. You agree and acknowledge that You undertake the activity freely, voluntarily and at Your own risk considering the risks and hazards involved. You warrant that You are 18 years of age or over, or in the event of a minor child/ children participating in the offered activities, that You are the lawful guardian of said child or children. You also agree and acknowledge that You and/or Your minor child or children, if any, are physically fit and do not have any (pre)- existing physical, medical or other conditions which might impair Your ability to safely undertake the offered activities and services. Incidentals You, the customer, are responsible for any damages or losses incurred to the vessel, its equipment, or contents resulting from your conduct or that of any member of your party. This includes, but is not limited to, physical damage, breakage, or loss of items. You agree to cover all repair or replacement costs associated with such damages or losses. We will provide you with an itemized bill for any incidentals within a reasonable timeline determined by the Company. Payment for these costs is required within a reasonable timeline as specified by the Company. Health and Safety Policy We are committed to the health and safety of Our Participants, Crew, and Vessels. This Safety Policy describes the safety practices We have in place, and the shared responsibility of both Our Crew and You as a Participant to ensure the safe and efficient operation of Our Vessels, as well as the prevention of pollution when on board.  Certifications and Training We comply with the regulations set out in the Small Commercial Vessels (SCV) Code, 2021. The SCV Code prescribes operating standards for safety, seafarer certification, and Well-being and protection of the marine environment for small commercial Vessels operating in the Caribbean Trading Area (CTA). Our Vessels are inspected for maritime safety compliance and operate with a valid SCV Safety Certificate available for Participant review. Our Captains and Crew are trained and certified in accordance with the Global Standard for Maritime Training and the Standards of Training, Certification, and Watchkeeping for Seafarers (STCW). The Captain is responsible for using all reasonable means to make sure the Vessel is seaworthy before and during each voyage, protecting the Vessel and the Participants and Crew on board from hazards, and operating within legal limits. The Crew are responsible for carrying out their duties in a safe manner, and letting the Captain know if they become aware of any hazard or anything else that might affect safe operations of the Vessel. Life Jackets and Flotation Devices Our Vessels are equipped with the number of Safety of Life at Sea (SOLAS) approved adult sized life jackets equivalent to the maximum number of people permitted to be carried on board. Vessels are also equipped with the number of child size and infant size SOLAS life jackets equal to at least 10% and 2.5% respectively, of the total number of people carried on board or such greater number as may be required to provide a life jacket for each child and infant. We also carry a number of Personal Flotation Devices (PFDs) as additional equipment. Participants are required to Wear a SOLAS life jacket when instructed by the Captain. We encourage the use of PFDs when underway, swimming, and using motorized and non-motorized water toys or equipment. If adult Participants decide not to wear a PFD, it is done so at their own risk. Parents and, or lawful guardians are responsible for discerning the use of PFDs by their children and infants. Food and Alcohol Safety We ensure that food and beverages are handled and prepared in accordance with food safety regulations, and that Our Crew are trained and certified in food handling safety. Participants are recommended to advise of any known food allergies at the time of booking, so that accommodations can be made.  The legal age to consume alcohol in Sint Maarten is 18. We take measures to ensure responsible alcohol beverage service onboard Our Vessels and reserve the right to refuse service to Participants whose overconsumption of alcohol is deemed to be hazardous to the safe operation of the Vessel, and to other Participants or Crew.  “AS IS” and “AS AVAILABLE” Disclaimer The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. Governing Law The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Disputes Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. For European Union (EU) Users If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.