Book your next sailing vacation with the fastest growing yacht charter platform in minutes!
Last Updated: August 4, 2021
These terms and conditions, as may be amended from time to time, apply to all services provided by Urove, LLC a Delaware limited liability company doing business as Tripyacht, directly or indirectly made available online through the Tripyacht.com Website, through any mobile device, email, or by telephone. By accessing, browsing, and using our Website or any of our mobile applications or other means through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing a Charter booking, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below (including the privacy statement which is posted on our Website at http//www.tripyacht.com/privacy-policy and the Terms of Use posted on our Website athttp://www.tripyacht.com/terms-of-use).
These pages, the content, and infrastructure of these pages and the online reservation service (including the facilitation of payment service) provided by Tripyacht on these pages and through the Website are owned, operated, and provided by Tripyacht and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
Please Note that Yacht Owners may have, declare applicable, and/or require you to agree to their own terms and conditions and house rules for the use, access, and consummation of the Charter (which may include certain additional disclaimers and limitations of liability).
In this Terms of Service, the TERM AND PHRASES used herein shall have the following meanings:
“Booking” means each discrete reservation request for the charter of a Yacht listed on the Website that is accepted and confirmed by a Yacht Owner.
“Business Days” are days when banks are open in the United States of America, in the location in which the Charter originates.
"Charter" or “Charter Agreement” refers to the agreement between Yacht Owner and Client for the Listing with such terms and conditions specified by the Yacht Owner.
“Client” is an individual of lawful age (18 years or older), with full capacity to contract, or a duly authorized representative of a lawful entity who have made a Reservation Request, whether or not they have agreed to the terms of the Charter Agreement.
“Full Charter Fee” is the total fee chargeable for the Charter after review and acceptance by the Yacht Owner of the Client’s reservation request. Additional services which are linked to the Listing (i.e., cleaning, skipper etc.) may also be included and are specified in the Charter Agreement and/or invoices provided by Tripyacht.
“Listing” means and refers to all information about a particular Yacht, including its dates of availability, fees and charges available for Charter through the Website.
“Payment Provider” means and refers to the payment system provider that processes the collection and payment of fees by Clients for the Charter. Tripyacht has the exclusive right to collect fees from the Client or to designate the Payment Provider to collect the fees on behalf of the Yacht Owner and Tripyacht and may change the Payment Provider from time to time without notice.
"Platform or Website" means the Tripyacht.com website and application on which Yachts are listed for Charter.
“Reservation” means that the Yacht Owner has accepted the Reservation Request and Client is prepared to enter into a Charter Agreement with the Yacht Owner on the terms of the Reservation Request. Upon making a Reservation, Client has fifteen (15) business days in which to sign the Charter Agreement with the Yacht Owner.
"Reservation Request" means offer or request made by a Client to Charter a Yacht for the period of time specified in the inquiry that has been submitted through Tripyacht.com by a Client before it has been accepted by Yacht Owner. “Services” includes providing and maintaining the Platform, managing the reservation, collection and disbursement of payments, and cancellation of Charters between Clients and Yacht Owners.
“Service Fee” is the amount payable by the Yacht Owner to Tripyacht as consideration for the provision of services to Yacht Owner. Upon the booking of a Charter through the Website a commission swill be paid by Yacht Owner to Tripyacht.
“Service Provider” is Urove, LLC, a Delaware limited liability company located at 5101 Santa Monica Blvd, Suite 8, PMB 452, Los Angeles, CA 90029 doing business as Tripyacht.
“Terms and Conditions” means and refers to all the terms and conditions included in this agreement along with any subsequent amendments as may take place at the full discretion of Tripyacht and posted on the website: https://tripyacht.com/.
“Upfront Fee” means the fee collected by TripYacht to finalize the Reservation.
“Us or We” means and refers to Tripyacht.
“Website or Site” means and refers to Tripyacht’s online platform with domain name https://tripyacht.com/ which is owned, managed and administered by Urove, LLC.
“You” means and refers to Client.
“Yacht” means a vessel for recreational use including but not limited to inflatable boats and jet skis.
“Yacht Owner” is an individual of lawful age and of full capacity to contract or a properly represented lawful entity which is the lawful and beneficial owner of the Yacht, or duly authorized by the lawful and beneficial owner of the Yacht, or a person who has obtained an exclusive unconditional right for the using and posting the Listings on the Website for Booking by a Client.
Through the Platform, we (Tripyacht.com and its affiliates) provide an online platform through which Yacht Owners can advertise, market, promote, and/or offer (as applicable) their Yachts for rent, or hire, and through which Clients of the Platform can discover, search, compare, and make a reservation request for a Yacht Listed on the Website and make a payment for a Charter. By using our Website to book a Charter (e.g., by making a reservation through Tripyacht.com), you enter into a direct (legally binding) contractual relationship with Tripyacht and Yacht Owner with whom you book a Charter. From the point at which you inquire about a Charter we act solely as an intermediary between you and the Yacht Owner.
When rendering our Service, the information that we disclose is based on the information provided to us about Yachts and Charters by Yacht Owners. As such, the Yacht Owners that market and promote their Yachts on the Platform are given access to our systems and extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies, conditions, and other relevant information that gets displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including typographical errors), any interruptions, whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Platform or otherwise, inaccurate, misleading, or untrue information, nor non-delivery of information. Each Yacht Owner remains solely responsible at all times for the accuracy, completeness, and correctness of the Yacht information (including the rates/fees/prices, policies, including cancellation and refund, conditions, and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, rating, or type of accommodation of any Charter or Yacht Owner made available through the Platform.
Our Service is made available for personal and non-commercial use of Clients only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g., spider, scrape), display, download, or reproduce any content or information, software, reservations, products, or services available on our Platform for any commercial or competitive activity or purpose.
Age Restrictions: Persons under the age of eighteen (18) are not qualified and will not be accepted as a Client. In the event it is discovered that a Charter has been accepted by a Client under the age of 18 years, Tripyacht.com and/or the Yacht Owner may immediately cancel the Charter and recover the Yacht at the Client’s sole liability and expense. Client hereby represents and warrants that he/she is eighteen years of age or older and that all the personal information provided in the Booking or submitted to Tripyacht in connection with a Booking is true and correct. Depending on the Charter, other conditions, such as boating experience, hiring a licensed Captain and crew, number and age of Clients, route and docking restrictions may apply.
Please read all terms and conditions posted by the Yacht Owner before making a Reservation Request.
You acknowledge and agree that the legal contract regulating each specific Charter is between you and the Yacht Owner. You will refer to and shall be bound by the booking confirmation and the booking terms and conditions that will apply to that Charter with the particular Yacht Owner in relation to payment, cancellation and other related matters. Tripyacht does not negotiate or set the terms and conditions for the Charter; those are strictly between the Yacht Owner and Client.
Damage to Yachts: Client agrees to operate the Yacht as required by all local and international laws.
Upon return of the Yacht, the terms of the Charter Agreement will govern any inspections, damages, and repair.
Tripyacht is not responsible for personal property left in the Yacht.
Monitoring: Tripyacht or their designees have the right and may (from time to time) monitor any and all operations or information transmitted or obtained through the Website. Tripyacht, in their sole discretion and without further notice, may (but is not committed to) review, censor or prohibit any operation or the transmission or receipt of any information which appears inappropriate to the Tripyacht or that breaches these Terms and Conditions. Information reviewed during monitoring may be copied, recorded, and used to enforce these Terms and Conditions or for other lawful purpose. TripYacht’s use of monitoring information will conform with TripYacht’s Privacy Policy found atwww.tripyacht.com/privacy-policy. Use of this Website constitutes consent to such monitoring.
Tripyacht.com has the right to deny or limit access to our Platform, our service and/or your Tripyacht.com account, to cancel a confirmed reservation, and/or prevent a reservation from being made by you in the event of any alleged or reasonably suspected (i) form of fraud or abuse, (ii) non-compliance with applicable laws and/or regulations or these Terms and Conditions, (iii) non-compliance with a Yacht Owner’s policies, (iv) inappropriate or unlawful behavior, which includes but is not limited to the following: violence, threat, harassment, discrimination, hate speech, endangerment, invasion of privacy, human trafficking, exploitation of children, and obscenity in relation to Tripyacht.com (or its employees and agents), the Yacht Owner (or its employees and agents), and/or third parties, or (v) other circumstances that—at Tripyacht's sole discretion—reasonably justify Tripyacht.com cancelling a Charter, barring Client from making future Charters, or taking any other steps to enforce these Terms and Conditions and protect others from harm.
YOUR AGREEMENT TO BE BOUND BY THE CHARTER AGREEMENT IS FINAL AND BINDING ONCE YOU SIGN THE CHARTER AGREEMENT AND PAY THE UPFRONT FEE. NO REFUNDS ARE OFFERED BY TRIPYACHT.
All fees shall be stated and payments shall be made in U.S dollars. You agree to pay all fees and charges specified in the Charter Agreement.
Client acknowledges and agrees that the Yacht Owner is solely responsible for setting the fees of each Charter and any additional charges that may apply, except the commissions or cancellation fees and other charges due to Tripyacht.
Tripyacht shall not be liable to Client or Yacht Owner for a refund or any other damages suffered by Client or Yacht Owner in the event Yacht Owner or Client cancels a Charter or terminates a Charter Agreement, regardless of the reason for termination or cancellation. Commissions payable to Tripyacht shall be deemed earned and payable once the Charter Agreement is signed by both parties and the Upfront Fee is collected.
The Upfront Fee does not include expenses such as bank transfer fees, credit cards transaction fees, VAT, and other taxes if applicable. Yacht Owner and Client are solely responsible and liable for their respective collection and payment of applicable taxes.
Any changes to a Charter, including cancellation, must be made through Tripyacht and must be approved by the Yacht Owner. Yacht Owners may refuse a change request or charge an additional fee to change a Charter’s start and end time.
Clients may cancel their request for a hold or reservation by contacting TripYacht atcustomer-service@tripyacht.com or via the Website (if available) at any time without any cost prior to signing the Charter Agreement.
TripYacht will not refund any payments after Client signs the Charter Agreement.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRIPYACHT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY YACHT OWNER, CLIENT OR OTHER PERSON BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES ARE PROVIDED “ AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRIPYACHT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRIPYACHT MAKES NO WARRANTY THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY YACHTS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRIPYACHT MAKES NO WARRANTY REGARDING THE QUALITY OR SAFETY OF ANY LISTINGS, YACHTS, OR THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRIPYACHT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY YACHT OWNERS OR OTHER CLIENTS. YOU UNDERSTAND THAT TRIPYACHT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR YACHT OWNERS. TRIPYACHT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER CLIENTS AND YACHT OWNERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF PLATFORM OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRIPYACHT.
NOTWITHSTANDING TRIPYACHT’S APPOINTMENT AS THE LIMITED AGENT OF THE YACHT OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CLIENTS ON BEHALF OF THE YACHT OWNERS, TRIPYACHT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY YACHT OWNER OR CLIENT OR OTHER THIRD PARTY.
Tripyacht is not responsible and disclaims any and all liability for the use, validity, quality, suitability, fitness, and due disclosure of material information concerning a Yacht Owner, Client, Listing or Charter and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Yacht Owner is solely responsible and assumes all responsibility and liability in respect of the Yacht and the Charter, including any warranties and representations made by the Yacht Owner.
Complaints or claims in respect of the Charter including related to the price, policy or specific requests made by Clients are to be dealt with by and between the Yacht Owner and Client only. Tripyacht is not responsible for and disclaims any liability in respect of such complaints, claims, and liabilities.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES, THE LISTING OR BOOKING OF AND USE OF ANY YACHTS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH YACHT OWNERS OR OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TRIPYACHT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM AND SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PLATFORM, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR YACHT OWNERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY YACHT VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TRIPYACHT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE YACHT OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL TRIPYACHT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR YOUR USE OF, OR INABILITY TO USE THE PLATFORM OR SERVICES OR YACHT, AND IN CONNECTION WITH ANY YACHT OR INTERACTIONS WITH ANY YACHT OWNERS OR CLIENTS, EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) AND AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE PLATFORM AND SERVICES AS A CLIENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. FOR YACHT OWNERS, TRIPYACHT’S AGGREGATE LIABILITY IS THE LESSER OF ONE HUNDRED DOLLARS ($100) AND THE AMOUNTS PAID BY TRIPYACHT TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIPYACHT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Client and Yacht Owner are each solely responsible to obtain and maintain insurance which is adequate to cover all liability for loss, damage, injury or loss of life resulting from or in any way connected with a Listing, Charter or the use of the Services.
The Client and its heirs, assigns, and successors shall indemnify, defend and hold harmless TripYacht and its shareholders, managers, officers, directors and employees (each an “Indemnified Party”) within 30 (thirty) days of receiving demand from TripYacht, from and against any and all losses, claims, damages, proceedings, liabilities, and costs (including reasonable attorneys' fees and disbursements) and expenses (collectively, “Indemnified Losses”) incurred by an Indemnified Party resulting from:
This Section does not limit any other indemnity given by the Client to TripYacht under this Agreement or other agreements. This indemnity shall continue in effect at all times despite the return of the Yacht before or after termination or expiration of the Charter Agreement whether by formal request from Yacht Owner, or otherwise. It is agreed and understood that Tripyacht may control the defense of any such claim.
Tripyacht.com is committed to customer satisfaction. We will try to resolve any concerns or problems with our Services that you have. If we are unsuccessful, you may pursue a claim against Tripyacht.com as explained in this Disputes provision. This Disputes provision lays out: (1) the initial process you must follow by reporting your claim to Tripyacht.com prior to filing any arbitration or law suit in accordance with this Disputes provision; and, if we are unable to resolve your claim, (2) the recourse that you have to arbitration.
To the extent permitted by law, these Terms and Conditions and the provision of our services shall be governed by and construed in accordance with the laws of the State of California, U.S.A without regard to its conflict of law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Los Angeles County, Los Angeles, California or a United States District Court, Southern District of California located in Los Angeles, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth herein.
By using this Platform, you agree that any and all disputes arising out of or relating to your use of this Platform, or Services provided by Tripyacht.com and its vendors and affiliates in connection with your use of this Platform, including the interpretation and scope of this clause and the arbitrability of the dispute, will be resolved via mandatory, binding arbitration, except for actions that seek injunctive or equitable relief as set forth above.
Nothing in this Dispute Resolution provision shall be read to create any legal rights that do not otherwise exist under the law or constitute any waiver of any personal jurisdiction defense, nor shall this Disputes provision give you the right to pursue any claim for relief that is not cognizable under the law.
If any provision of these Terms and Conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Prior to initiating arbitration you must give us an opportunity to resolve any complaints you have relating to your use of the Platform or Services, this Agreement, our Terms of Service, or Privacy Policy by submitting them to customer-service@tripyacht.com (the “Internal Review Procedure”).
Your email to customer-service@tripyacht.com beginning the Internal Review Procedure must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) your reservation number, (5) the date of your reservation, (6) the name of the Yacht that you reserved, (7) a brief description of the nature of your complaint, and (8) the resolution that you are seeking (together, the “Required Information”). Additionally, the subject line of your email must state, “Request Under Disputes Provision.” If your email does not have this subject line, or if it does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then you have not effectively begun the Internal Review Procedure, which you must do before initiating any arbitration or other legal action against Tripyacht.com. If we are not able to resolve your complaint within sixty (60) days of your starting the Internal Review Procedure, you may seek relief as laid out in this Disputes provision.
Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Tripyacht.com will select an alternative arbitral forum, and that you will agree in writing to administration of the arbitration by the alternative arbitral forum selected by Tripyacht.com.
In order to initiate arbitration, you and Tripyacht.com each will be responsible for paying the filing fees required by the AAA. Arbitration will be conducted in accordance with the AAA’s rules. If there is a conflict between the AAA’s rules and this Disputes provision, the terms of this Disputes provision will govern. The commercial rules are available online athttps://www.imsif.com/files/Commercial_Rules.pdf or by calling the AAA. If the AAA is unable or unwilling to administer the arbitration for any reason, then arbitration will proceed in a substantially similar fashion as it would under the AAA’s rules.
The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. You agree that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless either party requests an in-person or telephonic hearing or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favor of a telephonic hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in Los Angeles, California. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, any Tripyacht.com employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and his or her physical presence will not be required.
Arbitration will be subject to and this agreement to arbitrate is made under and will be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice-of-law principles that provide for the application of the law of another jurisdiction.
The arbitration will be confidential, and neither you nor Tripyacht.com may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
Pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly about that booking among you, Tripyacht.com, and the Yacht Owner, and the Charter that is the subject of your dispute. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. There will be no right or authority for any Claims to be arbitrated on a class action basis. You understand and agree that, by accepting these terms and conditions, you and Tripyacht.com are each waiving the right to a trial by jury or to participate in a class action with respect to the claims covered by this mandatory arbitration provision.
You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury. The arbitration procedures mandated by this Disputes provision are simpler and more limited than the procedures applicable in most courts. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
All claims you bring against Tripyacht.com must be resolved in accordance with this Dispute Resolution provision. All claims filed or brought contrary to this Disputes provision, including claims not first submitted through the Internal Review Procedure, will be considered improperly filed and void. Should you file a claim contrary to this Disputes provision, Tripyacht.com will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to comply with the terms and conditions contained herein, you shall reimburse Tripyacht.com for all costs and expenses incurred to enforce the provisions herein.
Assignment: You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Tripyacht’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Tripyacht and you regarding the Services, and any bookings of Yachts made via the Services, and these Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between Tripyacht and you regarding the foregoing.
Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tripyacht (i) via email to the address that you provide or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver: The failure of Tripyacht to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tripyacht. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Tripyacht: If you have any questions about these Terms of Service, please contact Tripyacht at customer-service@tripyacht.com.
BY ACCESSING THIS PLATFORM OR USING ANY SERVICE YOU CONFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET HEREIN ABOVE IN THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THE PLATFORM OR SERVICES.