Terms and Conditions of Use

The use of bluearound-yacht-charters.com website is governed by the Terms and Conditions below and by the Legal Notices detailed here: Read the Legal Notices.

These rules aim to inform and establish a healthy relationship between BlueAround Yacht Charters and its Partners and Customers. BlueAround Yacht Charters has also prepared these rules to protect its Customers and Partners and ensure that this Site is a place of friendly and reliable communication for all users.

By using this site you acknowledge having read the Legal Notices as well as the Terms and Conditions of Use below and have accepted them. These may be modified at any time without notice by BlueAround Yacht Charters.

ARTICLE 1. – TERMS USED

BlueAround Yacht Charters: your online boat booking specialist. Partner Renter and Partner: any person or entity, owner, boats rental company or agency listed on the Site and having one or more boats for rent. Customer: individual and/or professional Customer of BlueAround Yacht Charters to whom the Services are provided. Services: all services provided by BlueAround Yacht Charters to its Customers, requests treatment, booking process management, follow-up and satisfaction survey. Booking System or Platform and Site: the website http://www.bluearound-yacht-charters.com belonging to BlueAround Yacht Charters. Fleet: all motorboats and/or sailboats of the Partner intended for crewed and/or bareboat week and/or day rental. Sailboats: sailing boats, monohulls, catamarans, trimarans.

ARTICLE 2. – OBJECT

BlueAround Yacht Charters, founded in 2010 and located in Saint Martin (French West Indies), is an Internet boats booking services provider for individuals and professionals. BlueAround Yacht Charters is an intermediary who facilitates the on-line booking of a crewed or bareboat boat for Customers with a Partner. BlueAround Yacht Charters is by no means a Boat Rental Agency. BlueAround Yacht Charters does not intervene in the final boat rental boat contracts between its Customers and its Partners. BlueAround Yacht Charters is not responsible of any communication and exchange between its Customers and its Partners. The Site is freely accessible to all Internet users seeking information on boats rental, or wanting to share their knowledge with other professionals or Caribbean sailboat lovers.

ARTICLE 3. – BLUEAROUND YACHT CHARTERS ACTIVITIES AND SERVICES

The Site is an advisor who compares for you boat rentals. It only publishes boats of its Partners who are professionals or individuals authorized to offer boats for chartering depending on their location, type of craft or services. Only BlueAround Yacht Charters retains the right to add or remove Partners. The request to add or remove a Partner membership can be produced by sending an email to [email protected] The Site allows Customers to view rental boats selected by BlueAround Yacht Charters, to consult boats presentation, to add a comment on a cruise, to see special offers, details on Caribbean islands, linked sites and to benefit from many advices to prepare the cruise wanted. The Site is not automatic and all information is completed by the team of BlueAround Yacht Charters. No part of the Site, even the “opinion” treatment, is completed without being checked and accepted by the team. Only by this commitment, BlueAround Yacht Charters can protect Customers from Internet defamation and other failures to the quality of information.

ARTICLE 4. – TO BE A PARTNER RENTER

BlueAround Yacht Charters is dealing only with persons who are legally able to sign contracts. The Partner declares to be in possession of the act of management plans and of the insurance copy for each boat. The Partner, after signing an agreement, sends a full and reliable description of its Fleet, services, options and rates to BlueAround Yacht Charters. Having verified it all, BlueAround Yacht Charters implements these data in its Booking Platform. The Partner accepts the rules defined in these Terms and Conditions and acknowledges that these may change any time. It is the Partner responsibility to regularly go on the Site to be informed of changes that may occur. BlueAround Yacht Charters will retain the freedom to add the functionalities necessary for the development of its Services on the Site. It belongs to the Partner to early warn of any change in its Fleet and its method of operation. Any breach of this information when booking a Customer or during his cruise will lead to a cancellation of the Partner’s membership. Descriptions of its Fleet and other content offered by himself would then be immediately removed from the Site. Furthermore, the Partner acknowledges that he shall in no way make a complaint of any nature whatsoever in the event of total or partial interruption of Services offered on the Site. Finally, any Partner has a right to access, modify, rectify and delete data. To do so, the Partner may at any time contact the Site Edition Department: [email protected]

ARTICLES 5. – RELIABILITY OF BLUEAROUND YACHT CHARTERS SERVICES

The quality of the Site Services depends on the data transmitted by the Partner and collected by BlueAround Yacht Charters. The Partner must therefore provide reliable, accurate, current and complete information.

ARTICLES 6. – BOOKING PROCEDURE

From the Site, Customers can view and select boats, rates and starting bases. Customers then complete the contact or booking form and send their inquiries to the team of BlueAround Yacht Charters. BlueAround Yacht Charters checks the details of the Customers’ request with Partners holding the type of boat and options selected (Boat, date, basic rates, options, equipment …).BlueAround Yacht Charters then sends a quotation to Customers, including all the features requested. To book the boat, Customers make to BlueAround Yach Charters a payment of 40% of the full rate. The Site allows Customers to directly book online and transmit confidentially and safely over the Internet (SSL secure payment system) or phone their bank details. Border bank charges may be applied according to the company issuing the Customers credit card. Upon receipt of this transfer, BlueAround Yacht Charters confirms the booking with the Partner. Partner’s rental contract is sent to Customers with all the information services required with the claim of the remaining 60% of the reservation before the 45 days prior to departure. If Customers booking is made within 45 days of departure, BlueAround Yacht Charters will charge for booking 100% of the rate to Customers. To cover the risk of cancellation, Customers can take out cancellation insurance for their benefit and at their expense. A copy of these contracts may be addressed to Customers on request.

ARTICLE 7. – OBLIGATIONS OF THE PARTNER

The Partner is commited to provide information only on the boats he really is in charge of for rental and can not in any way contract for other intermediaries. The Partner agrees to maintain a clear and transparent communication with BlueAround Yacht Charters concerning any problem of whatever kind, met with Customers. This information will help to temper comments which could be posted on the Site by Customers. The Partner agrees to take no steps to Customers in order to move them away from BlueAround Yacht Charters, or to provide support to others for the same purpose.

ARTICLE 8. – OBLIGATIONS OF BLUEAROUND YACHT CHARTERS

BlueAround Yacht Charters is liable to an obligation of resources. It will use all its human and technical resources at its disposal to enforce this Agreement. BlueAround Yacht Charters is committed to maintain and improve the quality of its Services by conducting a satisfaction survey of all Customers conducted after each cruise on a boat of the Fleet. BlueAround Yacht Charters will inform the Partner about all difficulties encountered in performing its Services for boats of its Fleet.

ARTICLE 9. – LIMITATION OF LIABILITY OF BLUEAROUND YACHT CHARTERS

BlueAround Yacht Charters will be relieved of all responsibilities in case of failure by the Partner of one of the clauses of these Terms and Conditions of Use. BlueAround Yacht Charters can not be regarded as responsible for any total or partial interruption of its Services due to the intervention of a third party. The Partner acknowledges that he shall in no way make a complaint of any nature whatsoever in the event of total or partial interruption of the Services offered on the Site. BlueAround Yacht Charters can in no way be regarded as responsible for any direct or indirect failures, of whatever nature, resulting from the use of the Fleet by its Customers. BlueAround Yacht Charters will be relieved of all responsibilities in case of cancellation of a boat and / or changes of Customers cruise, the rules are those stated in the Boat rental contracts between Customers and Partners. Sending coordinates of Partners to Customers is transferring responsibility of Customers to Partners. Following this sending, BlueAround Yacht Charters is not responsible of exchanges between Customers and Partners. Finally, responsibility for BlueAround Yacht Charters will be sought in cases of force majeure, or of other reasons beyond its control such as strikes, work disruptions, delay of suppliers, loss or accidents. In any event, if BlueAround Yacht Charters responsibility is involved, compensation that may be claimed is limited to the amount of commission received by BlueAround Yacht Charters on the booking.

ARTICLE 10. – CUSTOMER CANCELLATION

The Site remotely sells tourism services. As such, the Customer who identified himself, who has acknowledged and accepted the Terms and Conditions of Use, who confirmed his quotes and his order by setting its purchase, can not claim any refund for cancellation of his own act. Indeed, the legal provisions on remote sales in the Consumption Code clearly claims that the right of withdrawal does not apply to tourist services according to Article L. 121-20-4 of the Consumption Code. Accordingly, the termination of the contract for any reason whatsoever by the Customer will mean that the deposit and the balance will revert to the Partner at 40% if termination occurs before the 45 days before departure date or at 100% if the termination occurs during the 45 days before departure date. To avoid the risk of cancellation, the Customer can take out cancellation insurance for his benefit and at his expense. In the exceptional case where the Customer order would cross the confirmation of Partners and that the boat is unavailable, BlueAround Yacht Charters immediately would contact its Customer to offer him a similar offer. If no proposal meets the Customer needs, BlueAround Yacht Charters then reimburses the Customer the full amount of the deposit.

ARTICLE 11. – PARTNER CANCELLATION

If Partners can not make available the boat for any reason whatsoever, he will provide the Customer with a boat of the same class or upper class, with at least the same number of berths. If he is unable to do so, he must then repay the Customer the amounts paid.
In case of cancellation by the Customer or Partner of the rental contract between them, the rules are those mentioned in said contract.
Partners or Customers cannot require from BlueAround Yacht Charters any payment or any compensation related to the damage that may have been caused by their cancellation.

ARTICLE 12. – INTELLECTUAL PROPERTY RIGHTS

Each Partner, each boats builder or each sponsor retains all intellectual property rights on its own texts, concepts, logos, names and trademarks as well as its own tools, materials, services, including Internet site. The photos used on the Site are not contractual but allow the Customer to see the type of boats and level of comfort expected.

ARTICLE 13. – APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION

These Terms and Conditions of Use are governed by French Law. Any issue arising from the interpretation or enforcement shall be under the exclusive jurisdiction of the Tribunal of Guadeloupe notwithstanding multiple defendants or warranty. This jurisdiction also applies for interim relief.

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