Terms & Conditions
Terms and Conditions
THE AGREEMENT: The use of this website and services on this website and mobile application provided by damionwlpc.com (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
“We”, “us” and “our” are references to DAMION WLPC;
“User”, “You” and ““your” are denotes to the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
” Website” shall mean and include damionwlpc.com and any successor Website of the Company or any of its affiliates;
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. We only agree to provide the use of this Website and Services to you if you assent to this Agreement.
- At damionwlpc.com, we offer you a meticulously designed website that provides a digital platform for the users to buy their favorite package for different type of events listed on our website.
From Client’s side, the booking intention is confirmed when advance payment is paid by Client.
From Company’s side the booking will be confirmed when full amount of advance payment lands on its account and Booking confirmation is issued to the Client or the Agency.
After the yacht charter reservation has been agreed, which will be effective in writing only, the payment is to be done according to the following calculation:
- 50% for advance payment at the time of yacht reservation
- 50% of balance not later than 1 month prior to yacht charter
All payments have to be done according to payment instructions listed in the Pro-forma Invoice which the Company has sent either to Client or to Agency. The Vessel can be taken over only after the complete amount for yacht charter and all contracted extra services has been fully settled. If either advance payment or balance payment has not been fully settled until above stated deadlines, the Company shall be entitled to cancel the Vessel’s booking without any refunds to the Client.
Crew List and Arrival Details
The Client must send a correctly filled Crew list, not later than 10 days prior to the first day of charter. The Client agrees that s/he is the main contracting party of the Company, and that Client is responsible for the other guests on board. Additionally, it is recommended to send an estimated time of arrival at least 10 days prior to the first day of charter, in order for the base staff to organize check-in procedure in as smooth way as possible. If Client has booked the transfer (e.g. from airport), then sending detailed arrival and departure information at least 10 days in advance is obligatory. Client is responsible for the accuracy of delivered crew list information, as well as for validity of all passports, visas, licenses and other identification documents. In particular, Client acknowledges that the sailing license is a very important document onboard and is legally responsible for its accuracy and trustworthiness.
The Website is not intended to be used by persons under the age of 18 years old. If you are under the age of 18 years old, please do not use the Website or any of the services offered by us. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Website or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Website for any reason or for no reason, in our sole discretion.
Prices on our website as well balances due may vary and are subject to change without notice. For reasons beyond our control balances due for holiday weekends/Spring Break/celebrity performances or appearances are subject to change. Services included in our packages may be subject to change for special events, celebrity appearances, holiday weekends and spring break. If there is a change in the balance due because of the circumstances mentioned guests will be notified by email prior to their reservation date.
PRICING AND AVAILABILITY DISCLAIMER
Pricing and availability are based on first come first served basis. Holiday pricing may vary from listed base charter pricing. Any quoted price is valid for 24hrs and subject to fluctuation with market and demand thereafter. Listed base charter price does not include sales tax or crew gratuity. All yachts are available for general booking until a deposit is placed upon a yacht for a specific date and departure. Pricing is based off of local Miami inland idle speed cruising, long distance charters, or fast speed cursing beyond Miami may be subject to additional fuel costs.
You agree that the Website and all Services provided by us are the property damionwlpc.com, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all right, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
- To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website ("Your Content"). We claim no further proprietary rights in your Content.
- If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name.
You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the services on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
CANCELLATIONS & WEATHER PROVISION
In the event of extreme weather such as a hurricane, lightning storm or tornado where it is a danger to be on the water, the owner reserves the right to reschedule the charter at no additional fee. All payments are final and non-refundable. The captain has the final decision in determining if a charter must be rescheduled due to extreme weather. Rain does not constitute grounds for cancellation or rescheduling.
LIABILITY AND INDEMNITY
Package holder HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoter, participants, the organization, the company, owners and lessees of premises used to conduct the event and each of them, their officers and employees, all for the purposes herein referred to as releasees, from all liability to the Package holder, his/her personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the Package holder is participating in this Activity, travel to and from the Activity, or any events incidental to this Activity.
Package holder HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of releasees or otherwise while in participating in this Activity, travel to and from the Activity, or any events incidental to this Activity. Package holder expressly acknowledges and agrees that the activities of the event may be very dangerous and involve the risk of serious injury and/or death and/or property damage. Package holder further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. PACKAGE HOLDER HAS READ AND VOLUNTARILY ACCEPTS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT ON THIS PACKAGE, and further agrees that no oral representations, statements or inducements apart from the foregoing Package have been made.
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
The company is no to be held responsible for fraudulent use of the issued package, bodily harm due to injury or accident or any type of loss or theft of personal items. Failure to comply with any rules of conduct or security before or during the event will result in forfeiture of rights and subsequent eviction of event with no refund.
- JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed in accordance with the laws of USA without giving effect to any principles of conflicts of law. The Courts of USA shall have exclusive jurisdiction over any dispute arising from the use of the Website.
- ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of damionwlpc.com will bind and inure to any assignees, administrators, successors, and executors.
- SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
- NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, i.e. COVID-19!
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please use contact us form on the website or email us Info@damionwlpc.com
This document was last updated on June 22, 2021