Terms & Conditions

• Your use of products, services, and websites (collectively referred to as the "Services" in this document, excluding any services provided to you by Sailuxo Yacht Club or any affiliates/partners under a separate written agreement) is subject to the terms of a legal agreement between you and SYC. "SYC" refers to Sailuxo Yacht Club Pte Ltd, with company registration number 202310164M, whose registered place of business is at 10 ANSON ROAD #33-04A INTERNATIONAL PLAZA, SINGAPORE (079903). This document explains the composition of the agreement and outlines some of its terms.

• Unless otherwise agreed in writing with SYC, your agreement with SYC will always include, at a minimum, the terms and conditions set out in this document, referred to as the "General Terms."Unless otherwise agreed in writing with SYC, your agreement with SYC will always include, at a minimum, the terms and conditions set out in this document, referred to as the "General Terms."

• Your agreement with SYC will also include the terms of any Legal Notices applicable to the Services, in addition to the General Terms. All of these are referred to as the "Additional Terms." Where Additional Terms apply to a Service, you can access them either within or through your use of that Service.

• The General Terms, together with the Additional Terms, form a legally binding agreement between you and SYC in relation to your use of the Services. It is crucial to read them carefully. Collectively, this legal agreement is referred to as the "Terms."

• If there is any contradiction between the Additional Terms and the General Terms, the Additional Terms will take precedence concerning that Service.

Accepting the Terms

1. To use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2. You can accept the Terms by:

• accepting or agreeing to the Terms when this option is made available to you in the user interface for any Service; or
• making payment; or
  
• actually using the Services. In this case, you understand and agree that SYC will treat your use of the Services as acceptance of the Terms from that point onwards.
  

Language of the Terms

• If SYC has provided you with a translation of the English language version of the Terms, you agree that the translation is for your convenience only, and the English language versions of the Terms will govern your relationship with SYC.

• If there is any contradiction between the English language version of the Terms and a translation, the English language version will take precedence.

Provision of the Services by SYC

• Services may be provided by the company directly, or Subsidiaries and Affiliates. Sometimes, these companies will provide the Services to you on behalf of SYC. You acknowledge and agree that Subsidiaries and Affiliates are entitled to provide the Services to you.

• SYC may be contacted via various channels, and personal information such as email and phone number may be required to help serve you better. By contacting SYC through any channels and providing such information, you shall be deemed to consent to SYC and/or sister companies collecting, using, disclosing, and/or processing your personal data for marketing or client communications purposes. You may opt-out by informing us via the same channel.

Agreement on the Provision of the Services

• Core services provided by SAILUXO Yacht Club include, but are not limited to, yacht charter services.

Embarkment and Disembarkment

• The embarkment and disembarkment point is usually at the specific berthing location of the yacht and may be explicitly stated in the Additional Terms or Charter Agreement where applicable. Special boarding arrangements may be made upon request, subject to additional charges where applicable.

Pricing and Inclusions

• All prices quoted are in Singapore currency, unless otherwise specified. Yacht charter rates include the exclusive use of the vessel, boat captain, crew, and fuel and utilities for the agreed duration, unless otherwise specified. Fuel and utilities are usually separately charged for extended charters, subject to Additional Terms.

Catering and Beverages

• Yacht charter rates are exclusive of food and beverages. Catering service can be pre-arranged at least 3 days before the charter date. This is subjected to availability and will vary for different yachts. Any cancellations of catering services made less than 5 days prior to the yacht charter date will not be refunded. Third-party catering fee (self-catering or bring your own food) and corkage fee (bring your own drinks) may apply depending on the yacht chartered.

Booking Policy

• Bookings and reservations are taken on a first-come, first-serve basis, subject to the availability of the specified yacht. Booking is only confirmed if the deposit has been received. EWYC reserves the right to sell the charter to any party that makes payment first.

Cancellation Policy

In any event of cancellation, our cancellation policy applies:

• Cancellation made more than 6 weeks in advance will be given a full refund at the full discretion of the Owner.
• Cancellation made less than 4 weeks prior to the Charter will be subjected to a penalty equivalent to 25% of Charter Price.
• Cancellation made less than 2 weeks to charter will be subjected to a penalty equivalent to 50% of Charter Price.
• Cancellation made less than a week prior to the charter, there will be no refund. Instead, a voucher equivalent to 30% of the Charter price, which needs to be consumed within 3 months of the issue date, will be issued.

All refunds may be made in the form of a cash refund or credit refund. Cancellations made within office hours count towards the effective cancellation period stated above. Cancellations made after office hours will be counted beginning from the next working day. Any refund, if applicable, shall only apply to the charter fee component. Charges for food catering or other services may not be refunded should the charter be cancelled for any reason.

Rescheduling Policy

Any rescheduling of yacht charter is subject to our rescheduling policy. Charterer may reschedule the charter subject to availability and terms and conditions:

• Rescheduling made more than 4 weeks prior to the charter date is provided free of charge.
• Rescheduling less than 4 weeks prior to the Charter will incur a charge of 15% of charter fee.
• Rescheduling less than 2 weeks prior to the Charter will incur a charge of 40% of charter fee.
• Rescheduling less than 5 days prior to the Charter is not allowed.
• Any reschedules made within office hours count towards the effective rescheduling period stated above. Rescheduling made after office hours will be counted beginning from the next working day.
• Should Charterer reschedule a weekend charter slot to a weekday charter slot (from a higher-value charter to a lower-value charter), no refunds (whether cash or credit) on the difference of the charter fees will be provided.
• Should Charterer reschedule a weekday charter slot to a weekend charter slot (from a lower-value charter to a higher-value charter), the difference of the charter fees will be charged.
• Rescheduled bookings must be placed within 6 months from the original booking date. Otherwise, the booking will be taken as a new request.
• Once a Charter has been rescheduled, no cancellation will be allowed.

Late Policy

• SAILUXO Yacht Club reserves the right to deem the charter as cancelled if the Charterer is more than one hour late from the agreed start time.
• The Charterer and guests are advised to arrive punctually. No time compensation will be provided for late arrivals, and the charter schedule will proceed according to the agreed timing stated on the invoice.

No-Show Policy

If the Charterer arrives one hour after the stipulated charter start time without notifying the coordinator, it will be considered a no-show. No refunds will be provided for no-shows, and the charter will be considered as fulfilled.

Weather Conditions and Cancellation Due to Bad Weather

SAILUXO Yacht Club reserves the right to cancel or reschedule a yacht charter due to extreme weather conditions such as strong winds, heavy rain, or lightning. The decision to cancel or reschedule the charter will be made at the discretion of the Captain or SAILUXO management. In the event of cancellation due to bad weather, the following options are available:

a. Reschedule the charter to another date at no additional cost, subject to availability.

b. Receive a full refund of the charter fee.

Please note that light rain or drizzle does not warrant cancellation of a yacht charter. SAILUXO Yacht Club advises all guests to monitor the weather forecast and dress appropriately for the conditions.

Safety and Conduct

All guests must follow the safety rules and regulations provided by the Captain, crew, and SAILUXO Yacht Club. The Captain has the authority to terminate the charter if any guest engages in unsafe or inappropriate behavior. In such cases, no refunds or rescheduling will be provided. Guests are responsible for any damage caused to the yacht or its contents due to negligence or misconduct.

Insurance

SAILUXO Yacht Club maintains insurance coverage for all yachts in its fleet. However, it is strongly recommended that guests obtain their own travel insurance to cover any personal accidents, loss, or damage to personal belongings during the charter.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall SAILUXO Yacht Club, its subsidiaries, affiliates, partners, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use of, or the inability to use, the Services or any other matter relating to the Services.

Indemnity

The Charterer agrees to indemnify, defend, and hold harmless SAILUXO Yacht Club, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of the Charterer's use of the Services and any breach of these Terms.

Force Majeure

SAILUXO Yacht Club will not be liable for any failure or delay in performing its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, civil unrest, strikes, epidemics, pandemics, government actions, or any other force majeure event.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Singapore. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Singapore.

Amendments

SAILUXO Yacht Club reserves the right to amend these Terms at any time without prior notice. Any changes to these Terms will be posted on the SAILUXO Yacht Club website or communicated to the Charterer via email. The Charterer's continued use of the Services following any such amendments constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the same economic, business, and other purposes of the invalid or unenforceable provision.

No Waiver

No waiver by SAILUXO Yacht Club of any breach or default by the Charterer under these Terms shall be deemed to be a waiver of any subsequent breach or default, nor shall any delay or omission by SAILUXO Yacht Club to exercise or avail itself of any right or remedy under these Terms operate as a waiver thereof.

Entire Agreement

These Terms, together with any Additional Terms, represent the entire agreement between the Charterer and SAILUXO Yacht Club concerning the Services, and supersede any prior agreements, understandings, or representations, whether oral or written, relating to the same subject matter.

Assignment

The Charterer may not assign or transfer any rights or obligations under these Terms without the prior written consent of SAILUXO Yacht Club. SAILUXO Yacht Club may assign or transfer its rights and obligations under these Terms without restriction.

Notices

All notices or other communications required or permitted to be given under these Terms shall be in writing and shall be deemed duly given if delivered personally or sent by email, fax, or registered mail to the respective addresses of the parties as set forth in the Charter Agreement or as may be designated in writing by either party from time to time.

Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between the Charterer and SAILUXO Yacht Club. Each party shall act as an independent contractor and shall have no authority to bind or commit the other party in any way without the other party's prior written consent.

Third-Party Rights

Except as expressly provided herein, these Terms do not create any rights or remedies in any person or entity other than the Charterer and SAILUXO Yacht Club, and no third party shall have any rights or remedies under or by reason of these Terms.

Copyright of Material

All content and materials on the SAILUXO Yacht Club website, promotional materials, and other communications, including but not limited to text, graphics, images, logos, and photographs (collectively, "Content") are the property of SAILUXO Yacht Club or its content suppliers and are protected by international copyright laws. The compilation of all Content on the website and promotional materials is the exclusive property of SAILUXO Yacht Club and is also protected by international copyright laws.

The Charterer and any third party are prohibited from copying, reproducing, republishing, uploading, posting, transmitting, or distributing any Content without the express written permission of SAILUXO Yacht Club. Unauthorized use of any Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

SAILUXO Yacht Club grants the Charterer a limited, non-exclusive, non-transferable license to access and make personal use of the website and promotional materials, provided that the Charterer does not modify, alter, or download (other than page caching) any portion of the Content without the prior written consent of SAILUXO Yacht Club. This license does not include any resale or commercial use of the Content; any derivative use of the Content; or any use of data mining, robots, or similar data gathering and extraction tools.

In the event that the Charterer or any third party shares photographs, videos, or other materials ("User Content") captured during the yacht charter with SAILUXO Yacht Club, the Charterer grants SAILUXO Yacht Club a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. The Charterer represents and warrants that they own or otherwise control all of the rights to the User Content that they share with SAILUXO Yacht Club and that the use of such User Content does not violate these Terms or the rights of any third party.