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Terms and Conditions

Terms & Conditions

The information and prices shown on the Site are updated from time to time and therefore may have changed by the time you come to book your charter or service. Although we make every effort to ensure the accuracy of all such information and prices, errors do occasionally occur. Therefore, you must ensure all details of your booking (including price) at the time of booking. We can accept no liability for changes in such information and/or price.

To make a booking, the lead booker should complete the online form on The Yachtsetter's website. Advertisements on The Yachtsetter website shall constitute an ‘invitation to treat’. By filling out a booking you will be making an offer to us. We will contact you as soon as possible to confirm availability, the total price due under the contract, the date when your deposit will be due and the details of the payment plan. By making a booking through The Yachtsetter act on behalf of the other members of the crew and that each of the crew members has read and agreed to all relevant terms and conditions. This is a condition of making a booking with The Yachtsetter. If you do not comply with this condition, The Yachtsetter reserves the right to cancel your booking without refund.

Upon arrival at your base marina, you will be required to produce proof of identification. Guests who failed to sign in online will be required to complete a lengthier check-in process. The Yachtsetter reserves the right absolutely to cancel your booking under any circumstances, in such case you will receive a full refund. We are not to refund the price of your trip if you decide to cancel your booking.

Upon arrival, we will require a deposit to cover loss or damage caused to the boat. This will be refunded (less any sums deducted) at the end of your trip and payment can usually be made by credit, debit card or cash.

Your booking will not include transport to and from your home country, transfers between the airport and the marina, or any other type of transport.

The Yachtsetter does not sell or organize travel insurance. However, you must buy travel insurance before going on holiday. If you are sailing, you should make sure that your insurance policy covers adventurous activities such as sailing. Please read your policy carefully to ensure it complies with this requirement. It is a condition of your booking that you have a suitable travel insurance policy in place. The Yachtsetter accepts no liability to those who travel without travel insurance in breach of this clause or is likely to cause damage to people or property, breaches any local law, or causes a public nuisance The Yachtsetter will have the right to cancel your booking without paying you any refund. This means (among other things) that your skipper could refuse to continue to work and that you could be made to leave a yacht you have booked mid-way through your booking.

The Yachtsetter may collect still and video images of you during the course of your holiday for advertising and promotional purposes. By booking through The Yachtsetter you agree that such images may be collected and used by us however we see fit including commercial use and sale of the images. The images may be cropped, altered, combined or otherwise edited. You also agree that ETV will retain ownership of all rights in connection with such images.

The Yachtsetter and those associated with it are not responsible for organizing activities, excursions etc. on-site. Such activities will not form part of your package arrangements. If you suffer illness or injury whilst overseas arising out of an activity that does not form part of the contractual package arrangements, we are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the operator.

Privacy Policy

The Yachtsetter SA de CV is a company registered in Mexico that owns and operates this website (‘Site’). Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We will notify you of such changes by posting the revised version of these Terms of Use on the Site.

You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).

We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.
The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude: all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

-Use the Site for any fraudulent or unlawful purpose;
-Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make; interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks; transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment; reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site; modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information; remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site; frame or mirror any part of the Site without our express prior written consent; create a database by systematically downloading and storing Site content; use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk. All information on the Site is subject to change without notice and without warranty.

The Site may contain links to other websites or may frame material from other websites. Such material has been created by or for the respective owners of those websites and is not under our control. We have not undertaken to verify the truth or accuracy of any such material and make no representation or warranty with respect to any such content.