Terms and conditions
Last Updated: November 15, 2022
Thank you for using Yacht Sector!
These Terms of Service for Users (“Terms”) are a binding legal agreement between you and Yacht Sector that govern your use of the websites, applications, and other offerings from Yacht Sector (collectively, the “Yacht Sector Platform”). When used in these Terms, “Yacht Sector,” “we,” “us,” or “our” refers to the Yacht Sector entity set out on Schedule 1 with whom you are contracting. The Yacht Sector Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Central Agents” and Members who search for, book, or use services are “Brokers.” Central Agents offer Yachts for charter and sale (“Yachts”), activities, excursions and events (“Experiences”), and a variety of travel and other services (collectively, “Central Agent Services,” and each Central Agent Service offering, a “Listing”). You must register an account to access and use the features of the Yacht Sector Platform, and must keep your account information accurate. As the provider of the Yacht Sector Platform, Yacht Sector does not own, control, offer or manage any Listings or Central Agent Services. Yacht Sector is not a party to the contracts concluded directly between Central Agents, Broker, (Yacht) Owner, Charterer, Crew and Third Party Providers (Experience directory), nor is Yacht Sector a yacht broker or a central agent, insurer or an organiser. To learn more about Yacht Sector's role see Section 16. If you are a Central Agent and/or a Broker, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Central Agent and/or Broker Services.
1. Our mission
Our mission is to create a platform, built by yacht brokers, for yacht brokers, where yachts can be chartered, bought or sold in the most secure, convenient and user friendly manner. From Gulets to motor sailers and super yachts, Brokers and Central Agents can browse through thousands of Listings to find the yachts that suits the specific need of their clients. Learn more about a Yacht Listing by reviewing the description and photos and the Central Agent profile. If you have questions, just message the Central Agent.
2. Searching and Booking on Yacht Sector
You can search for Central Agent Services/Yachts by using criteria like the type of Yachts, number of cabins, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, customer service, previous trips and saved Listings, Central Agent requirements (e.g. minimum or maximum nights), and more.
2.2 Charter request
When a Broker, on behalf of its Client requests a Listing (charter request) with specific dates, the Brokers Client are agreeing to pay all charges for the charter including APA, Delivery/Re-delivery Fees, Security Deposit, First Installment and Payment When Cleared (collectively, “Total Price”). All binding terms shall be included in the Contract between Yacht Owner and Charterer (also signed by Broker and Central Agent). The Broker also agree that Yacht Sector charges either monthly or annually fees for the Broker Membership for the Broker to access Yacht Sector. The fees be subject to change two times per financial year with prior written notice to the Broker.
4. Brokers responsibilities
Brokers are responsible for acting accordingly to Yacht Sectors Terms of Service, its own acts and omissions and are also responsible for the acts and omissions of anyone the Broker act on behalf of (Client) on the Yacht Sector platform. All members at Yacht Sector have to either get a referral code via Yacht Associations or complete the Company Eligibility Check when signing up, and before subscribing for a membership subscription.
Central Agent Terms
5. Hosting on Yacht Sector
5.1 Central Agent
As a Central Agent, Yacht Sector offers you the opportunity to subscribe to the Central Agent membership, register your employer, register and publish new yacht listings on behalf of your clients (yacht owners), communicate with Brokers and other Central Agents, receive and handle enquiries from Brokers, negotiate and close, upload contract(s), use standard contracts and digital signing. You will also get access to the Fleet Management tool - where you can manage all listings, enquiries and contracts.
5.2 Contracting with Charterer (Brokers Client) and Broker
When your Client (yacht owner) accepts a charter request, or receive a charter confirmation through the Yacht Sector Platform, your Client (yacht owner) are entering into a contract directly with the Charterer (Brokers Client). The parties in this Contract is solely Yacht Owner and Charterer. The Contract might also be signed by you as Central Agent and the Clients Broker. Yacht Sector, is under no circumstances, a part in the Contract between the Yacht Owner and the Charterer.
5.3 Membership for Central Agents and Corporate
For accessing the tools in the Central Agent or Corporate membership you need to subscribe to the respective Central Agent Membership or Corporate Membership. You can choose between monthly payment or annually payment with debit or credit card. If you want to add listings to your yacht fleet beyond the 5 listings included in the Central Agent Membership - then you can easily purchase more listings in the Settings on your Profile.
6. Managing your listing
6.1 Creating and Managing Your Listing as Central Agent or Corporate User
The Yacht Sector Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about the Yacht you represent, price, other charges like delivery and re-delivery fees, security deposit, first installment and payment when cleared. Also Agreed commission whit the Broker shall be accurate. As Central Agent you are responsible for your acts and omissions as well as for keeping your Yacht Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. All members at Yacht Sector have to either get referral code via Yacht Associations or complete the Company Eligibility Check when signing up, and before subscribing for a membership subscription. We recommend that you obtain appropriate insurance for your Central Agent Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Yacht, but may have multiple Listings for a Client/Yacht Owner.
6.2 Know Your Legal Obligations
You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Central Agent Services. You are responsible for handling and using personal data of Clients and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search ranking
The ranking of Listings in search results on the Yacht Sector Platform depends on a variety of factors, including these main parameters:
- Broker(s) search parameters (e.g. number of Guests, time and duration of the trip, price range), often based on the Charter Plan parameters of a specific Client,
- Listing characteristics (e.g. price, calendar availability, number and quality of images, amenities and toys)
- Central Agent (Owner) requirements (e.g. minimum or maximum nights, booking cut-off time), and
- The Broker Clients preferences
Search results may appear different on our mobile application than they appear on our website. Yacht Sector may allow Central Agents to promote their Listings in search or elsewhere on the Yacht Sector Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center.
6.4 Your Responsibilities
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Central Agent Services. You are responsible for setting the prices for the Yacht Listings and additional cost, and establishing rules and requirements for your Yacht Listing. You must describe any and all fees and charges in your Yacht Listing description.
6.5 Central Agent as a Corporate Member
If you are a Central Agent with Corporate Membership, the entity and each individual who participates in providing Central Agent Services, is responsible and liable as a Central Agent under these Terms.
7. Cancellations and Charter Modifications.
7.1 Cancellations and Charter Modifications
In general, if a Broker on behalf of a Client (Chartererer) or a Central Agent on behalf of the Yacht Owner cancels a Charter or want to do modifications of the signed Contract, it is the Canncellation and Modification Terms in the signed and binding Contract between the parties that are in effect. Yacht Sector, is under no circumstances, a part in the Contract between the Yacht Owner and the Charterer.
As a Central Agent and/or a Broker, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes").
11. Membership Fees.
Yacht Sector may charge membership fees (and applicable Taxes) to Central Agent Members, Corporate Members and Brokers with Broker Membership for use of the Yacht Sector Platform. More information about when subscriptions fees apply and how they are calculated can be found on our yachtsector.com/membership page. Except as otherwise provided on the Yacht Sector Platform, service fees are non-refundable. Yacht Sector reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12. Yacht Sector Platform Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Yacht Sector Platform
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Yacht Sector Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Yacht Sector Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Yacht Sector Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Yacht Sector Platform.
- Only use the Yacht Sector Platform as authorized by these Terms or another agreement with us
- You may only use another Member's personal information as necessary to facilitate a transaction using the Yacht Sector Platform as authorized by these Terms.
- Do not use the Yacht Sector Platform, our messaging tools, or Members' personal information to send commercial messages without their express consent.
- You may use Content made available through the Yacht Sector Platform solely as necessary to enable your use of the Yacht Sector Platform as a Broker, Central Agent or Corporate Member.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make or accept a Yacht Charters and Yacht Sales/Purchases or any binding Conctract with Members on Yacht Sector outside of the Yacht Sector Platform to avoid paying Yacht Sector fees, taxes or for any other reason.
- Do not require or encourage Others to open an membership account or otherwise interact, with a third party website, application or service before, during or after a Charter or Sale/Purchase, unless authorized by Yacht Sector.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book a Yacht Charter or initiate a Purchase of a Yacht unless you are actually going to Charter or sell/purchase the(a) Yacht.
- Do not use, copy, display, mirror or frame the Yacht Sector Platform, any Content, any Yacht Sector branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms.
- Do not Book a Charter who facilitates unauthorized parties or events on the Chartered Yacht. You are responsible and liable for any party or event during your Clients Charter that violates the binding Contract between the parties.
- Do not use the name, logo, branding, or trademarks of Yacht Sector or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Yacht Sector branding.
- Do not offer Central Agent Services or Broker Services that violate the laws or agreements that apply to you.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property/Yacht, you should immediately contact local authorities before contacting Yacht Sector. In addition, if you believe that a Member, Listing or Content has violated our terms, you should report your concerns to Yacht Sector. If you reported an issue to local authorities, Yacht Sector may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
12.3 Copyright Notifications
If you believe that Content on the Yacht Sector Platform infringes copyrights, please notify us.
13. Termination, Suspension and other Measures
The agreement between you and Yacht Sector reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
You may terminate your Membership at any time by terminating your Membership in your profile settings. Yacht Sector may terminate this agreement for any reason by giving you 30 days' notice via email or using any other contact information you have provided for your account. Yacht Sector may also terminate this agreement immediately and without prior notice and stop providing access to the Yacht Sector Platform if (i) you materially breach these Terms (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety, property or intellectual property of Yacht Sector, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.
13.3 Member Violations
If (i) you breach these Terms (ii) you violate applicable laws, regulations or third party rights, (iii) Yacht Sector becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed Charters or failed to respond to Charter requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Yacht Sector, its Members, or third parties, Yacht Sector may:
- suspend or limit your access to or use of the Yacht Sector Platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed Charters; or
- suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Yacht Sector and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
13.4 Legal Mandates
Yacht Sector may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination
If you are a Central Agent or a Broker and terminate your Yacht Sector Membership, any signed and binding Yacht Charters(s) will be conducted according to the specific binding contract between the Parties. Yacht Sector, is under no circumstances, a part in the Contract between the Yacht Owner and the Charterer.
If Yacht Sector takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service.
14. Modification of these Terms
Yacht Sector may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Yacht Sector Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate your Membership immediately as provided in these Terms. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Memebership before the date the revised Terms become effective, your continued access to or use of the Yacht Sector Platform will constitute acceptance of the revised Terms.
15. Yacht Sector's Role
We offer a platform that enables Members (Brokers, Central or Corporate Members) to publish yacht listings, offer services, search for, request a charter, sell/buy yachts and signe contracts between the parties involved. When Members make or accept a Yacht Charter or a Yacht Transaction, they are entering into a contract directly with each other (Yacht Owner and Charterer/Buyer). Yacht Sector is not and does not become a party to or other participant in any contractual relationship between Members and their Clients (Yacht Owners, Charterers and Yacht Buyers). Yacht Sector is not acting as an agent, Central Agent, Broker or Corporate Member for any Member. While we work hard to ensure our Members have great experiences using Yacht Sector, we do not and cannot control the conduct or performance of Brokers, Central Agents and Corporate Members and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, third party services on the platform, Broker Services or Central Agent Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Yacht Sector has no general obligation to monitor the use of the Yacht Sector Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Yacht Sector Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don't meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist Yacht Sector in good faith, and to provide Yacht Sector with such information and take such actions as may be reasonably requested by Yacht Sector with respect to any investigation undertaken by Yacht Sector regarding the use or abuse of the Yacht Sector Platform.
17. Membership Accounts
You must register a Membership Account to access and use many features of the Yacht Sector Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Yacht Sector Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Yacht Sector if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Yacht Sector Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Broker, Central Agent, Yacht Owner, Charterer, Third Party Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Yacht Sector has completed a relevant verification, Company Eligiblity Check or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Yacht Sector Platform. Yacht Sector may, temporarily and under consideration of the Members' legitimate interests (e.g. by providing prior notice), restrict the availability of the Yacht Sector Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Yacht Sector Platform.
Any liability of Yacht Sector is excluded. Yacht Sector, is under no circumstances, a part in the Contract between the Yacht Owner and the Charterer.
To the maximum extent permitted by applicable law, you agree to release, defend (at Yacht Sector's option), indemnify, and hold Yacht Sector (including Yacht Sector Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) (ii) your improper use of the Yacht Sector Platform, (iii) your interaction with any Member, stay at a Yacht, participation in an Experience or other Third Party Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation. Yacht Sector, is under no circumstances, a part in the binding Contract between the Yacht Owner and the Charterer.
22. Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with UK law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of UK law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Yacht Sector's place of business in UK. If Yacht Sector wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
23.1 Other Terms Incorporated by Reference
Our Terms and other supplemental policies and terms linked to in these Terms apply to your use of the Yacht Sector Platform, are incorporated by reference, and form part of your agreement with Yacht Sector.
23.2 Interpreting these Terms
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Yacht Sector and you pertaining to your access to or use of the Yacht Sector Platform and supersede any and all prior oral or written understandings or agreements between Yacht Sector and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Yacht Sector. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.3 No Waiver
Yacht Sector's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Yacht Sector's prior written consent. Yacht Sector may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Yacht Sector via email, Yacht Sector Platform notification, messaging service (including Email, in-app messages, SMS, WhatsApp and WeChat), or any other contact method we enable you to provide.
23.6 Third-Party Services
The Yacht Sector Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Yacht Sector is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms
Some translations on the Yacht Sector Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Yacht Sector Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
23.8 Apple Terms
If you access or download our application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement.
23.9 Yacht Sector Platform Content
Content made available through the Yacht Sector Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Yacht Sector and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Yacht Sector Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Yacht Sector grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Yacht Sector Platform and accessible to you, solely for your personal and non-commercial use.
23.11 Force Majeure
Yacht Sector shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23.12 Emails and SMS
You will receive administrative communications from us using the email address or other contact information you provide for your Yacht Sector Membership Account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Yacht Sector Account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
23.13 Contact Us
If you have any questions about these Terms please email us.
24. United States Dispute Resolution and Arbitration Agreement.
This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Yacht Sector in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 24 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
24.2 Overview of Dispute Resolution Process
Yacht Sector is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 24 applies: (1) an informal negotiation directly with Yacht Sector's customer service team (described in paragraph 24.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Yacht Sector each retain the right to seek relief in small claims court as an alternative to arbitration.
24.3 Mandatory Pre-Arbitration Dispute Resolution and Notification
At least 30 days prior to initiating an arbitration, you and Yacht Sector each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Yacht Sector by mailing it to Yacht Sector's agent for service, Deloitte Legal. Yacht Sector will send its notice of dispute to the email address associated with your Yacht Sector account. A notice of dispute must include: the party's name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
24.4 Agreement to Arbitrate
You and Yacht Sector mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Yacht Sector Platform, Central Agent Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Yacht Sector agree that the arbitrator will decide that issue.
24.5 Exceptions to Arbitration Agreement
You and Yacht Sector each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22 of the Terms of Service for Non-European Users): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Yacht Sector agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
24.6 Arbitration Rules and Governing Law
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
24.7 Modification to AAA Rules - Arbitration Hearing/Location
In order to make the arbitration most convenient to you, Yacht Sector agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
24.8 Modification of AAA Rules - Attorney's Fees and Costs
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Yacht Sector will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys' fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
24.9 Arbitrator's Decision
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 with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.
24.10 Jury Trial Waiver
You and Yacht Sector acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
24.11 No Class Actions or Representative Proceedings
You and Yacht Sector acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Except as provided in Section 24.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
24.13 Changes to Agreement to Arbitrate
If Yacht Sector changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Yacht Sector (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Yacht Sector.
29. Additional Distribution Channels.
Yacht Sector operates an affiliate program through which Listings may be featured on third party websites, such as those for online travel sites, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for Yacht Sector published on third party websites from time to time.
If you have any questions about these Terms please email us.
Schedule 1 - Contacting Entities
YACHT SECTOR LTD Company number: 14492033
YACHT SECTOR LTD, 264 Gertrude Road, Norwich, England, NR3 4RY
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