Terms & Conditions

Last Updated: These terms and conditions (these "Terms") were last updated on June 18, 2025. These Terms constitute a contract between you and The Yacht Charter, governing your access to and use of our yacht charter marketplace platform.

I. Definitions

In addition to the other terms defined herein, the following terms shall have the following meanings:

• "Account" means your account for our Services.
• "Yacht" means any vessel offered as a charter through our Services.
• "Charter" means any booking(s) of a Yacht made by a Charterer through our Services.
• "Charter Fee" means a fee for a charter, paid by the Charterer to us.
• "Commission" means our commission for the Services, paid by the Owner to us.
• "Listing" means a description of a Yacht available for charter, submitted through our Services by an Owner.
• "Owner(s)" means a natural person(s) or legal entity(ies) that has the necessary rights and/or title to a Yacht to create and manage a Listing.
• "Charterer" means any natural person or legal entity that obtains the right to temporarily use a Yacht through use of our Services.
• "Charter Agreement" means an agreement between the Charter Parties for the charter of a Yacht.
• "Charter Parties" means the Owner and the Charterer.

II. Our Role as a Marketplace

WE ARE A VENUE AND ARE NOT A PARTY TO ANY CHARTER AGREEMENT OR OTHER TRANSACTION BETWEEN CHARTER PARTIES.

We act as a marketplace for Charter Parties to facilitate the listing and booking of yachts. We are not a party to any Charter Agreement or other transaction between Charter Parties. As such, we have no control over the accuracy or correctness of the content or information provided by Charterers and Owners.

Any part of an actual or potential transaction between a Charterer and an Owner, including the condition, quality, safety, or legality of the yachts advertised, the truth or accuracy of the listings, the ability of Owners to charter a yacht to Charterer, or the ability of Charterers to pay for the charter are solely the responsibility of each Charter Party.

III. Conditions for Use of Services

To use our Services, you must meet the following requirements:

1. You must be 18 years or older to use our Services.
2. The information in your Account must be current, accurate, and complete at all times.
3. If you are a Charterer, you must provide valid boating licenses or certifications as required by applicable law.
4. If you are an Owner, you must provide written proof of yacht ownership and valid insurance documentation.
5. You must comply with all applicable local, state and federal laws and regulations.
6. You authorize us to make any inquiries we consider necessary to verify your identity or prevent fraud.

IV. Owner Obligations

Owners represent, warrant and covenant that they shall:

• Be able to prove ownership of their yachts and that each yacht is free from encumbrances
• Have properly registered their yachts with appropriate authorities
• Only list yachts that have been properly equipped, maintained, and inspected
• Maintain valid insurance coverage throughout the listing period
• Verify charterer identities and qualifications before charter commencement
• Provide accurate and truthful information in all listings

V. Charterer Obligations

Charterers represent, warrant and covenant that they shall:

• Be the owners of the payment methods used to secure charters
• Maintain sufficient funds for security deposits
• Check yacht condition and safety equipment before charter commencement
• Use yachts responsibly and in accordance with maritime laws
• Return yachts in the same condition as received
• Pay any fines incurred during the charter period
• Not exceed the maximum passenger capacity

VI. Payment Terms

Charterers shall pay charter fees in advance by credit card through our Services. Payment processing is handled securely through our payment partners. All payments are subject to our cancellation policy as outlined in your charter agreement.

VII. Cancellation Policy

Cancellation terms vary by listing and are set by individual owners. Generally:

• Cancellations due to weather or force majeure events may be eligible for refunds
• Charterer cancellations are subject to the specific cancellation policy in the listing
• Owner cancellations without cause may result in penalties

VIII. Insurance and Liability

Owners must maintain appropriate insurance coverage for their yachts. Charterers are responsible for any damage beyond normal wear and tear. Security deposits may be required and used to cover damages or additional fees.

IX. Prohibited Uses

You may not use our Services for:

• Any unlawful purpose or activity
• Harassment, abuse, or harm to others
• Fraudulent or deceptive practices
• Violation of intellectual property rights
• Circumventing our platform for direct bookings
• Commercial fishing or transport operations (unless specifically permitted)

X. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, YACHTS, OR SERVICES, OR THE ACCURACY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES.

XI. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE.

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

XII. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses arising out of your use of our Services, violation of these Terms, or violation of any rights of third parties.

XIII. Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

XIV. Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

XV. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our platform. Your continued use of our Services constitutes acceptance of any changes.

XVI. Contact Information

If you have questions about these Terms, please contact us at:

Email: support@theyachtcharter.com
Address: Port Hercule, Monaco, 98000

These Terms constitute the entire agreement between you and us regarding your use of our Services.