Terms Of Service
YOUR RELATIONSHIP WITH MRCHARTER.COM
You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by Mr. Charter in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that Mr. Charter treats your use of the Services as acceptance of the Terms from that point onward.
Mr. Charter reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check this Website and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.
MR. CHARTER IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE.
Mr. Charter is Only a Venue
Mrcharter.com acts as a venue for users of the Website as renters (“Renters”) and boat owners (“Members”) (Members and Renters, each a “User” and together, “Users”) to view and post available boats to facilitate the rental of such boats. Mr. Charter is not a party to any actual agreement or transaction between Renters and Members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific boat directly from a Member and payment services to facilitate the booking. As a result, mrcharter.com has no control over the accuracy or correctness of the content or information provided or used by such Renters and Members. Any part of an actual or potential transaction between a Renter and a Member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property review), the ability of Members to rent a boat to a Renter or the ability of Renters to pay for boat rentals are solely the responsibility of each User.
You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. We are also not responsible for the condition of any boats listed on the Website or the compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction. Renters should satisfy themselves that any boat rented complies with any legal requirements for such rental, and Renters and Members have exclusive responsibility for such compliance.
Separate Agreements. Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Member, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of any Member or provider and Renter.
Release and Indemnity. IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A MEMBER ARISING FROM SUCH SEPARATE AGREEMENTS OR TRANSACTIONS, YOU HEREBY RELEASE AND HOLD MR. CHARTER AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY CLAIMS, COSTS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Insurance. MrCharter.com is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Website, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. You acknowledge and agree that mrcharter.com assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that mrcharter.com shall not be included as a party to any such claims or disputes. All Owners and Captains of verified vessels listed on our site carry coverage and a policy review may be available upon request.
YOUR USE OF SERVICES
Conditions of Use. As a condition of your use of Services, you expressly represent and warrant that (i) if you will be operating a boat, you are responsible for ensuring that you are legally authorized to operate a boat in the state in which you are renting; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with the Terms; (iv) you will only use this Website to post or view, as applicable, available boat rentals or transact legitimate boat rentals for you or for another person for whom you are legally authorized to act with other Users; (v) you will inform such other persons about the terms and conditions that apply to the boat rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) if you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the boat; (vii) all information supplied by you to Mr. Charter is true, accurate, current and complete, and (viii) if you have a mrcharter.com account, you will safeguard your account information. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. Mr. Charter retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.
You agree that you will only use the Services for lawful purposes.
Please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.
Establishing Payment Account. As a Renter, you are responsible for opening an account, providing payment authorizations for bookings and paying for Services according to these Terms, as well as others which may be included at the time of booking. You agree to provide all requested information, including a credit card to be used for preauthorization/reserve and payment/capture for Services. Payment for a booking will be made by Mr. Charter directly to the Member who posted the listing.
Deposits. Renters are responsible for leaving the rented boat in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the boat that effect the condition of the boat. In the event a Member claims and provides evidence of damage to the boat, you agree that Mr. Charter shall be entitled to charge a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by a Member related to your rental and you will have an opportunity to respond, as set forth in such notice. We will only charge a deposit to Renter’s credit card after the rental is complete if the Member has made a claim and the deposit amount has been deemed appropriate after investigation of the claim.
Payment to Members. Payments to Members for accepted bookings will be processed 24 hours from the time of the completed reservation. If a Member does not respond to a booking inquiry, we reserve the right to transfer the booking and associated payment to another Member on Renter’s behalf. We reserve the right to hold payment to Members if we suspect there has been fraud or other suspicious activity in connection with the rental or payment. Unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming listing from the Website without notice to the Member and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identity theft, or breach of privacy.
ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND MEMBERS OTHER THAN PAYMENT THROUGH MR. CHARTER IS A VIOLATION OF THESE TERMS AND CAN RESULT IN ACCOUNT TERMINATION.
Taxes. The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. The Member accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes. Mr. Charter may charge applicable taxes to Renter’s credit card solely at the direction of the Member. Members are solely responsible for determining applicable taxes and should consult with your own legal/tax adviser about any tax questions in this regard. For Members based in the European Union, it is your responsibility to include VAT in the price of the booking and you will be responsible for reporting VAT. If you are not registered for VAT purposes or if you do not provide/validate your VAT number, Mr. Charter will withhold VAT from your payment.
• Any cancellations/rescheduling made prior to 24 hours of the scheduled charters are subject to a $5.00 fee per person.
• Cancellations/Rescheduling made within the 24 hours of your scheduled departure will be charged full price.
• All advanced bookings must be cancelled at least 10 days before your scheduled departure to avoid a full charge and are subject to a $5.00 fee per person.
• Please take careful regard to all requirements upon booking as guests that do not arrive with required documentation will be charged full price.
• In regards to weather or other unforseen circumstances, boat owners/captains will take discretionary measures in determining whether or not the charter is safe or otherwise operational in terms of moving forward. If a cancellation must take place, we will reschedule or refund your booking at no charge to your availability.
• To change or cancel an existing reservation, contact our office at (844) 692-6281. Please leave a message if you reach our voicemail or promptly email us at firstname.lastname@example.org. Upon cancellation, you will receive a confirmation email.
Use of Website. The content and information on Mr. Charter’s Website (this “Website”) (including, but not limited to, price and availability of boats listed in any inventory database), as well as the infrastructure used to provide such content and information, is proprietary to Mr. Charter, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through this Website. Additionally, you agree not to:
• use this Website or its contents for any commercial purpose without our express written permission;
• send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
• send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• interfere with or disrupt the integrity or performance of the Services or the data contained therein;
• attempt to gain unauthorized access to the Services or its related systems or networks;
• make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
• access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
• violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
• take any action that imposes, or may impose, in Mr. Charter’s discretion, an unreasonable or disproportionately large load on Mr. Charter’s infrastructure;
• deep-link to any portion of this Website (including, without limitation, the purchase path for any boat rental reservation) for any purpose without our express written permission; or
• “frame”, “mirror” or otherwise incorporate any part of this Website into any other Website without our prior written authorization.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User of Member’s purported identity. Notwithstanding the foregoing, you agree that you will provide us or the Member with whom you book a rental whatever proof of identity we may reasonably request.
You agree to (i) keep your password and online ID for both your Mr. Charter account and your email account secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your password for either your Mr. Charter account or your email account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your Mr. Charter account and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your Mr. Charter account or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND MR. CHARTER ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MR. CHARTER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.
MR. CHARTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
• THE INFORMATION PROVIDED BY MEMBERS IS TRUE OR CORRECT,
• BOAT RENTALS WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED OR PURCHASED RESERVATION,
• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
• THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
LIMITATION OF LIABILITY
IN NO EVENT WILL MR. CHARTER ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PARTY FOR:
• ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OR CHANGE IN ADVERTISED AND/OR PURCHASED BOAT RENTALS) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF MR. CHARTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
• ANY CHANGES WHICH MR. CHARTER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
• YOUR FAILURE TO PROVIDE MR. CHARTER WITH ACCURATE ACCOUNT INFORMATION;
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
• ANY BODILY INJURY OR DEATH THAT MAY OCCUR AS THE RESULT OF A BOATING RELATED ACCIDENT, THE RESERVATION FOR WHICH WAS FACILITATED USING MR. CHARTER’S SERVICES. YOU AGREE THAT MR. CHARTER IS NOT A PARTY TO ANY CONTRACT OR AGREEMENT FOR BOAT RENTALS AND IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A BOAT RENTAL WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY RENTER, BOAT OPERATOR, OR MEMBER, OR THE SAFETY OF ANY BOAT OR FOR ANY OTHER REASON.
Notwithstanding the Terms, if Mr. Charter is held liable, Mr. Charter’s entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the service fees you paid to Mr. Charter in connection with your use of this Website (if any), or (b) One-Hundred Dollars (US$100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.
You agree to defend and indemnify Mr. Charter, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought as a result of:
• your breach of the Terms;
• your violation of any law or the rights of a third party; or
• your use of this Website and the Services.
The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Mr. Charter is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Mr. Charter’s prior consent, except you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website.
UNSOLICITED IDEAS ON FACEBOOK
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions.
If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become our property without any compensation to you; (2) we may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for us to review any submission; and (4) there is no obligation to keep any submission confidential.
NO SPAM, SPYWARE OR SPOOFING
We and our Users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate the Terms.
LINK TO THIRD-PARTY WEBSITES
The Services may contain links to other websites operated by parties other than Mr. Charter (“Third-Party Websites”). Mr. Charter’s links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.
General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Assignment. This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of Mr. Charter. Mr. Charter may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.
Governing Law. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Florida, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
Choice of Forum and Venue. You hereby consent to the exclusive jurisdiction and venue of courts in Palm Beach County of Florida, U.S.A., in all disputes arising out of the Terms or relating to the use of the Service.
No Responsibility for Acts of God. Mr. Charter shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the boat under legal process, adverse weather conditions, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of Mr. Charter. Mr. Charter is hereby released by a User from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force major event whether or not herein enumerated or other event referenced above.
Severability. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision. Waiver. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
Entire Agreement. The Terms constitute the entire agreement between you and Mr. Charter with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Termination. Mr. Charter may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User’s use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of Mr. Charter.
Non-Endorsement. Mr. Charter does not recommend one Member over another and does not provide advice to users regarding which Member to select for the rentals. All comments or reviews posted by Mr. Charter users, Renters, or Members on our Website do not represent the views of Mr. Charter in any way and are not endorsed by Mr. Charter absent a specific written statement to the contrary.
No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between you and Mr. Charter as a result of this Agreement or use of this Website.
Notice of Claim. You agree that all disputes arising out of the Terms or the use of Mr. Charter’s Services shall be communicated to Mr. Charter in writing within thirty (30) days from the date of the incident causally related to the dispute. You hereby waive your right to any claim against Mr. Charter not communicated as provided by this Section.
Any rights not expressly granted herein are reserved by Mr. Charter.
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