Terms & Conditions
Last updated: August 21, 2022
1. Introduction
Welcome to MistyHarborTrail ("we," "us," or "our"). The following Terms & Conditions ("Terms") apply to your use of our yacht charter services and the website at mistyharbortrail.site (the "Service"), which is run by MistyHarborTrail.
Your agreement to these Terms is required for both booking a charter and using our Service. Should you reject any part of the terms presented, you are not permitted to avail yourself of the Service.
2. Service Overview
MistyHarborTrail offers a variety of top-tier yacht charter services that include, but are not limited to:
- Daily yacht rentals
- Sunset cruises
- Corporate retreats
- Private events
- Multi-day charters
We retain the right to adjust or cease services at our discretion, and availability is dependent on weather and other factors.
3. Booking and Reservations
3.1 Booking Process
To arrange a charter, you must:
- Be a minimum of 18 years of age
- Ensure all provided information is truthful and complete
- Contribute the necessary deposit as detailed in the booking acknowledgment
- Consent to abide by these Terms & Conditions
3.2 Confirmation
Only after the deposit payment has been processed and you've received a confirmation from us is your booking considered confirmed. We reserve the authority to decline service to anyone at our discretion.
3.3 Availability
Our charters depend on the availability of vessels and favorable weather conditions. We will endeavor to accommodate your preferred scheduling preferences.
4. Payment Terms
4.1 Pricing
All costings are provided in € and encompass all relevant taxes unless specified otherwise. We reserve the right to alter prices without prior notice.
4.2 Payment Schedule
- Deposit: A payment of 50% of the total charter fee is required at the time of booking
- Balance: Must be settled 48 hours prior to the departure of the charter
- Incidental costs (if any): Payable following the conclusion of the charter
4.3 Payment Methods
Major credit cards, bank transfers, and certified cheques are all accepted. Secure, encrypted systems manage our payment processing.
5. Cancellation and Refund Policy
5.1 Customer Cancellations
- With more than 72 hours before departure: Full refund less any processing fees
- Between 24-72 hours before departure: 50% of the payment will be refunded
- Less than 24 hours before departure: No refund will be issued
5.2 Weather Cancellations
Should our captain deem weather conditions as unsafe, options provided will include:
- Moving the charter to the next available slot without any extra charges
- Issuing a complete refund if rescheduling is not possible
5.3 Mechanical Issues
If there are mechanical issues with the assigned vessel, we will attempt to allocate a comparable alternative. If this is not feasible, we will issue a full reimbursement.
6. Safety and Conduct
6.1 Safety Requirements
All passengers are required to:
- Comply with instructions from the crew
- Utilize any safety gear as needed
- Declare any medical conditions that could impact their safety
- Stay within the areas designated on the vessel
6.2 Prohibited Items
Certain items are strictly forbidden onboard:
- Glass containers
- Illegal substances
- Weapons of any kind
- Excessive amounts of non-alcoholic drinks
- Pets (unless pre-approved)
6.3 Conduct
Passengers must behave respectfully at all times. A charter may be terminated prematurely without a refund if passenger conduct is threatening safety or interfering with the enjoyment of other guests.
7. Liability and Insurance
7.1 Our Liability
We are only liable up to the amount paid for the charter service. We are not liable for:
- Personal injuries that are a consequence of passenger recklessness
- Theft or damage of personal belongings
- Indirect, incidental, or punitive damages
- Delays resulting from weather or situations outside of our control
7.2 Insurance Coverage
We maintain comprehensive marine insurance for our vessels and operations. It is your responsibility to procure any necessary travel and personal insurance.
7.3 Assumption of Risk
By partaking in our charter services, you accept that marine activities come with inherent dangers and you assume full responsibility for your own safety and well-being.
8. Modifications and Itinerary Changes
We retain the right to adjust journeys, routes, or schedules due to weather considerations, safety requirements, or other operational demands. We will strive to provide equivalent alternative experiences wherever feasible.
9. Force Majeure
We are not accountable for any delays, cancellations, or changes brought about by events outside of our control, this includes but is not limited to:
- Extreme weather conditions
- Natural disasters
- Legal regulations
- Closures of seaports
- Mechanical breakdowns
10. Privacy and Data Protection
Your private data will be processed according to our Privacy Policy. You consent to the collection and use of your information in the manner laid out in our Privacy Policy by utilizing our services.
11. Intellectual Property
The content on our website, such as text, images, logos, and other graphics, is safeguarded by copyright and trademark regulations. You are forbidden from reproducing, distributing, or making derivative works without our explicit permission.
12. Governing Law
The applicability of these Terms is determined by the laws in force within Germany. Legal proceedings, if any, will be conducted in the courts that have jurisdiction in Hamburg, Germany.
13. Changes to Terms
These Terms are subject to change by us at discretion. Updates will be signified by a new revision date on our website. Continuing to use our services indicates acceptance of any new terms.
14. Contact Information
If you have inquiries regarding these Terms & Conditions, get in touch with us at:
MistyHarborTrail
Marina Point
Hamburg 20457
Germany
Phone: +49 40 300 51 701
Email: [email protected]