Terms & Conditions
Last updated: September 24, 2024
1. Introduction
Greetings from OpenUtilityPlatform ("we," "our," or "us"). The usage of our yacht charter services and the website located at openutilityplatform.xyz (the "Service"), managed by OpenUtilityPlatform, is regulated by these Terms & Conditions ("Terms").
By reserving a yacht or utilizing our Service, you consent to adhere to these Terms. If you do not concur with any section of these terms, access to the Service is not permitted for you.
2. Service Overview
OpenUtilityPlatform offers an array of premium yacht charter services, which include:
- Yacht rental for one day
- Voyages at dusk
- Business getaways
- Exclusive gatherings
- Persistent charters over several days
Service provision is dependent on both availability and meteorological conditions. We maintain the right at any moment to alter or cease services.
3. Booking and Reservations
3.1 Booking Process
To reserve a charter, one is required to:
- Have a minimum age of 18 years
- Submit precise and comprehensive personal details
- Make a deposit payment as indicated in your reservation confirmation
- Consent to these Terms & Conditions
3.2 Confirmation
A reservation is deemed confirmed only after payment is received and a written confirmation is provided by us. We hold the authority to decline service to any individual as per our judgement.
3.3 Availability
Reservation of charters is dependent on the availability of the vessel and favorable weather conditions. Efforts will be made to meet your requested dates and times within reason.
4. Payment Terms
4.1 Pricing
All listed prices are in € and incorporate any relevant taxes, unless noted otherwise. The cost is subject to modifications without prior announcement.
4.2 Payment Schedule
- Initial Payment: A deposit equating to 50% of the full cost of the charter is required upon reservation.
- Final Payment: The remaining balance must be paid 48 hours in advance of the charter's departure.
- Incidental Expenses: Any additional fees incurred are payable upon the charter's conclusion.
4.3 Payment Methods
Payments can be made using widely accepted credit cards, direct bank transactions, and officially recognized cheques. We manage payment processing via secure, encrypted platforms.
5. Cancellation and Refund Policy
5.1 Customer Cancellations
- If canceled more than 72 hours prior to departure: Full refund, minus any processing fees
- If canceled between 24 to 72 hours prior to departure: 50% refund
- If canceled less than 24 hours prior to departure: Not eligible for a refund
5.2 Weather Cancellations
In the situation where weather is considered unsafe by our captain, options include:
- Rebooking your trip to another available day with no extra charge
- Issuing a full refund if rebooking cannot be accommodated
5.3 Mechanical Issues
Should there be a mechanical fault with the designated vessel, we will make efforts to arrange a comparable substitute. If we can't provide a substitute, customers will receive a full refund.
6. Safety and Conduct
6.1 Safety Requirements
Every passenger is required to:
- Adhere to all instructions from the crew
- Utilize the provided safety gear when it's necessary
- Inform of any health conditions that might impact their personal safety
- Stay within the assigned areas on the ship
6.2 Prohibited Items
The following articles are forbidden onboard:
- Containers made of glass
- Substances that are illegal
- Weapons or firearms
- Excessive amounts of beverages (past the point of moderate consumption)
- Animals (except if given authorization beforehand)
6.3 Conduct
Travelers are expected to behave in a manner that is considerate and respectful. Should a traveler's conduct be a threat to safety or interfere with the enjoyment of others, we reserve the right to end the voyage prematurely with no compensation.
7. Liability and Insurance
7.1 Our Liability
The extent of our liability is confined to the payment received for your booking. We bear no responsibility for the following:
- Injuries to person due to your own carelessness
- The loss or destruction of personal belongings
- Indirect, resulting, or penal damages
- Hold-ups due to weather or events outside our influence
7.2 Insurance Coverage
Comprehensive marine insurance is in place, covering both the fleet and the actions of our operations. It is incumbent upon passengers to secure their own voyage and personal insurance.
7.3 Assumption of Risk
By electing to make use of our charter offerings, you recognize that sea-related activities carry innate hazards and you agree to take on the responsibility for ensuring your personal safety and health.
8. Modifications and Itinerary Changes
We maintain the discretion to adjust travel plans, pathways, or timetables due to meteorological conditions, for the sake of safety, or due to service needs. We are committed to ensuring that substitute arrangements of similar quality are offered whenever changes are made.
9. Force Majeure
We are not responsible for hold-ups, trip cancellations, or alterations stemming from events outside our influence, which can include, but are not restricted to:
- Extreme weather events
- Catastrophic natural events
- Mandates issued by authorities
- Shutdowns of ports
- Technical breakdowns
10. Privacy and Data Protection
We manage your personal data in line with our Privacy Policy. When you engage with our services, you are agreeing to our collection and usage of your data as outlined in the Privacy Policy.
11. Intellectual Property
The content found on our website, such as text, graphics, logos, and pictures, is safeguarded by laws pertaining to copyright and trademarks. Without our express written consent, you are not permitted to replicate, disperse, or produce derivative material.
12. Governing Law
The laws of Monaco shall be the legal framework that governs these Terms. Any disagreement will be adjudicated in the courts of Monte Carlo, Monaco.
13. Changes to Terms
Our company retains the authority to alter these Terms at any given time. Any modifications will be indicated on our site along with a notation of the revision date. Your continuous use of our services implies agreement to the new terms.
14. Contact Information
If you have any inquiries regarding these Terms & Conditions, you are welcome to reach out to us at:
OpenUtilityPlatform
Port de Monaco
Monte Carlo 98000
Monaco
Phone: +377 93 10 63 00
Email: [email protected]