Savi Yachts Terms of Service
The following terms and conditions govern the use of all content, services, and products (the “Service”) provided by Savi Yachts, Inc. (“Savi Yachts”) and/or available on the Savi Yachts website (the “Site”). The Service is owned and operated by Savi Yachts. Savi Yachts is an online platform intended to be used by yacht renters (“Renter(s)” and yacht owners (“Owner(s)” in connection with the Services. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Site (collectively, the “Agreement”).
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to this Agreement, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OUR SITE OR USING THE SERVICE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BECOME BOUND BY THIS AGREEMENT. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by Savi Yachts, acceptance is expressly limited to these terms.
SAVI YACHTS IS A PLATFORM AND IS NOT A PARTY TO ANY SERVICES AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE SITE.
Savi Yachts is Only a Platform. Savi Yachts acts as a venue for users of the Site as Owners and Renters (Owners and Renters, each a "User" and together, "Users") to view and post services on the Site. Savi Yachts is not a party to any actual agreement or transaction between Owners and Renters even though we may from time to time provide tools that relate to scheduling sessions. As a result, Savi Yachts has no control over the accuracy or correctness of the content or information provided or used by such Owners and Renters. Any part of an actual or potential transaction between an Owner and Renter, including the condition, quality, the safety of the services advertised, the truth or accuracy of the service (including the content thereof or any review related thereto), the ability of Owner to provide services, or the ability of Renter to pay for services are solely the responsibility of each User.
RENTER TERMS
Payment
In order to receive payment for our Services, you must use Savi Yachts’ payment processor (a “Payment Processor”). You may be required to agree to terms and conditions and the privacy policy of that Payment Processor. You acknowledge that in order to avail of any paid Services made available by Savi Yachts, you may be required to enter into an agreement with the Payment Processors, that Savi Yachts is not a party to those separate agreements and that we are not an affiliate of our Payment Processors.
You acknowledge and agree that we do not control our Payment Processor or its performance of payment processing services, and that we shall have no liability of any kind for any act or omission (including negligence) of our Payment Processor or any claim, demand, suit, damage, judgment, liability, loss, expense or cost incurred by you in relation to the performance or non-performance of payment processing services by our Payment Processor, other than to the extent to which any of the foregoing may arise from the gross negligence or willful misconduct of Savi Yachts.
By providing your credit card information to our Payment Processor, you agree that we are authorized to charge your card with the total cost of the booking and any required deposit, as described below.
Payment for Charter Services
Once you confirm your reservation, Savi Yachts will process your payment.
· If you are booking for a single day and your reservation is confirmed more than 30 days in advance, a deposit of 50% of the total cost of the reservation is due immediately in order to reserve the yacht. Once your embarkation date is 14 days away, the remainder of the amount due is processed. If you are booking for a single day and your reservation is made 14 days or less in advance, the total price of your reservation is due immediately.
· If you are booking for multi-day charter and your reservation is confirmed more than 30 days in advance, a deposit of 50% of the cost of the yacht is processed immediately in order to hold the yacht. Once your embarkation date is 30 days away, the remaining 50% plus the APA is collected for the price of the yacht plus the taxes due.
· A 3% processing fee is taken for all credit card transactions, Savi Yachts waives this fee for all wire transfers.
Damage
You acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the yacht that affect the condition of the yacht. You agree to reimburse Savi Yachts for any and all reasonable costs and expenses incurred as a result of damage to the yacht interior or exterior which is caused by carelessness or neglect by you or your guests. You agree that Savi Yachts shall be entitled to charge your credit card to cover the cost of the damage.
Substitution
You understand and acknowledge that yachts reserved may, from time to time, be subsequently damaged or otherwise become in need of repair before the reservation is commenced. If Savi Yachts is unable to provide the reserved unit due to it being unavailable, Savi Yachts may provide you with a substitute unit that is similar in age, size, model, and value as the reserved yacht. If Savi Yachts is unable to provide you with a similar substitute unit (as described herein), Savi Yachts may elect to cancel the reservation any time before it is commenced and, as its sole remedy, obtain a refund of the fees. You are not entitled to any refund, and shall be obligated to pay all sums owed, if Savi Yachts offers a similar unit (as described herein) and you refuse to complete and/or terminates the reservation.
Cancelation and Refund Policy
In the event of notice of cancellation of this Agreement on or at any time prior to the commencement of the charter period or should you fail, after being given written notice to pay any amount due under this Agreement, Savi Yachts shall be entitled to treat this Agreement as having been repudiated and retain all payments due.
If you cancel within 7 days of your scheduled charter departure, a fee of 50% of the total charter cost will be charged – If you cancel within that 48-hour period a net of a 100% will be charged- No show is responsible for 100% of the charter fees-During the months of September and October, we experience hurricane season, If we need to cancel your trip due to hurricane alert, high winds-waves, or port closure, we will reschedule your charter at no cost to the first available date.
Notwithstanding the yacht owner’s right to receive or retain all payments referred to above, the yacht owner shall be under a duty to mitigate his loss and in the event that the yacht owner is able to re-charter the yacht for all or part of the charter period under this Agreement, the yacht owner will give credit for the net amount of charter hire arising from the re-chartering after deduction of all commissions and all other consequential expenses arising from such re-chartering. The intention is that the yacht owner shall receive the same in net proceeds from any re-chartering as would have been received under this Agreement. The yacht owner shall endeavor to re-charter the yacht and shall not unreasonably withhold his agreement to re-charter, although charters which may be reasonably considered detrimental to the yacht, its reputation or its schedule, may be refused.
Missed Charters
You agree that you are obligated to charter according to the Savi Yachts Itinerary provided by Savi Yachts which stipulates the departure time based on and in consideration of the preferred departure time indicated by you at the time of booking.
YOU MUST BE AT THE YACHT PREPARED TO TRAVEL AT THE DEPARTURE TIME INDICATED ON THE SAVI YACHTS CHARTER ITINERARY. IF YOU ARE NOT AT THE YACHT 30 MINUTES AFTER THE SCHEDULED DEPARTURE TIME READY TO DEPART WITHOUT PRIOR NOTICE, YOU WILL HAVE MISSED THE CHARTER.
Should you miss a charter, you are solely responsible for alternate arrangements. You will be charged for the missed charter and payment will be rendered according to the terms and conditions of the confirmation and this Agreement, failing which, the pre-authorized credit card will be charged as provided for herein.
Identification And Travel Documentation
Savi Yachts will require you to provide specific and accurate passenger information regarding all persons traveling pursuant to arrangements made by you, after or during the booking process and furnished to Savi Yachts no later than twenty-four (24) hours prior to departure. In general, Savi Yachts will coordinate regarding passenger count, accommodations, any luggage size and weight, pets, positive identification, and other information which may be required according to the operating specification for the yacht and at its sole discretion. You agree to furnish accurate and timely information to Savi Yachts upon Savi Yachts’ request, and understand that failure to provide the information, providing inaccurate or incomplete information in a timely manner may result in delaying a charter, Savi Yachts or the captain electing to deny boarding, and may result in you missing the charter which is considered a cancellation without notice and will incur a non refund for the charter
FURTHERMORE SAVI YACHTS INC. REQUIRES ALL CLIENTS TO SIGN AND AGREE TO THE CREDIT CARD AUTHORIZATION FORM BEFORE EMBARKING ON THEIR CHARTER. IN ACCORDANCE WITH THIS POLICY IF YOU REFUSE TO SIGN AND PROVIDE/COMPLETE THE IDENTITY CHECK YOUR CHARTER WILL BE CANCELED AND NO REFUND GIVEN UNLESS A SIMILAR CHARTER FOR THE SAME DATE AND TIME CAN BE FULFILLED TO COMPENSATE THE YACHT OWNER
OWNER TERMS
Yacht Listings
As an Owner, you may create Listings. You will be asked a variety of questions about the yacht to be listed, including, but not limited to, the value, location, size, features, availability of the yacht, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Users will be able to book your yacht via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Yacht, the price for such booking may not be altered without contacting Savi Yachts.
You acknowledge and agree that you are responsible for any and all Listings you decide to post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a yacht in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any yacht included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of yachts and (b) not conflict with the rights of third parties. Please note that Savi Yachts assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. Savi Yachts reserves the right, at any time and without prior notice, but without obligation to do so, to remove or disable access to any Listing for any reason, including Listings that Savi Yachts, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
You understand and agree that Savi Yachts does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your yacht and uses your yacht, any agreement you enter into with such Renter is between you and the Renter and Savi Yachts is not a party thereto. Notwithstanding the foregoing, Savi Yachts serves as the limited authorized payment agent of the Owner for the sole purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.
When you create a Listing, you may also choose to include certain requirements which must be met by the Users who are eligible to request a booking of your yacht. Any User wishing to book a yacht included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information.
If you are an Owner, Savi Yachts makes certain tools available to you to help you to make informed decisions about which User you choose to confirm for booking your yacht. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.
Bookings and Financial Terms
If you are an Owner and a booking is requested for your Yacht via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Savi Yachts in its sole discretion) or the booking request may be automatically canceled. If you are unable to confirm or decide to reject a booking of a yacht within such 24 hour period, any amounts collected by Savi Yachts for the requested booking may be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Savi Yachts will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.
The fees displayed in each Listing are comprised of the Yacht Fees and the Reservation Fees. Where applicable, Taxes may be charged in addition to the Reservation Fees and Yacht Fees. The Yacht Fees, the Reservation Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner’s Yacht which are actually collected by Savi Yachts are the Yacht Fees. Please note that it is the Owner, and not Savi Yachts which determines the Yacht Fees. The Yacht Fees may include cleaning fees and/or pre-paid fuel charges, at the Owner’s discretion.
Savi Yachts charges a fee to Renters based upon a percentage of the Yacht Fees; this charge is referred to as the “Reservation Fees”. The Reservation Fee is added to the Yacht Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Savi Yachts will collect the Total Fees at the time of booking confirmation (i.e. when the Owner confirms the booking within 24 hours of the booking request) and will initiate payment of the Yacht Fees (less Savi Yachts’ Service Fees) to the Owner two business days provided Savi Yachts has the accurate account information after the Renter arrives at the applicable Yacht (except to the extent that a refund is due to the Renter).
Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.
Should a Renter not respond to an inquiry (such as regarding a fuel expense), Savi Yachts may accept and process charges for damages, late fees, or fuel on behalf of that Renter. If an Owner does not respond, Savi Yachts may process refunds or cancellations on behalf of that Owner.
Insurance
It is the sole responsibility of the Owner of the yacht to maintain liability insurance coverage, including proper charter insurance. Savi Yachts is not liable for any claims arising in connection with or related to the yachts.
Appointment of Savi Yachts as Limited Payment Agent for Owner
Each Owner hereby appoints Savi Yachts as the Owner's limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment of Yacht Fees made by a Renter to Savi Yachts shall be considered the same as a payment made directly to the Owner and the Owner will make the Yacht available to Renter in the agreed upon manner as if the Owner has received the Yacht Fees. Each Owner agrees that Savi Yachts may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Yacht Fees specified in the applicable cancellation policy. In accepting an appointment as the limited authorized payment agent of the Owner, Savi Yachts assumes no liability for any acts or omissions of the Owner.
GENERAL TERMS
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Content
If you make (or allow any third party to make) material available through the Site (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
· the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
· if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
· you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
· the Content does not contain or install any viruses, worms, malware, trojan horses, or other harmful or destructive content;
· the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
· the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
· the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other groups and web sites, and similar unsolicited promotional methods;
· the Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
· you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Savi Yachts or otherwise.
Without limiting any of those representations or warranties, Savi Yachts has the right (though not the obligation) to, in Savi Yachts’ sole discretion:
· refuse or remove any content that, in Savi Yachts’ reasonable opinion, violates any Savi Yachts policy or is in any way harmful or objectionable, or
· terminate or deny access to and use of the Service to any individual or entity for any reason. Savi Yachts will have no obligation to provide a refund of any amounts previously paid.
As a user, you may deactivate your account at any time. Personally identifying information such as your name, username, and profile photo will no longer be associated with Content you have posted.
Minimum Age
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
Service Fees
In consideration for providing the Services, Savi Yachts collects reservation fees from the Renters. Where applicable, Taxes may also be charged.
The agreed upon Owner payout amount will be remitted by Savi Yachts to Owners via direct deposit or other payment methods described on the Services, in U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable.
Copyright Policy
Savi Yachts respects copyright law and expects its users to do the same. It is Savi Yachts’ policy to terminate in appropriate circumstances users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Intellectual Property Ownership
The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Savi Yachts 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 Savi Yachts’ prior consent, except you may make limited copies of your booking documents (and related documents) for yacht booked through this Site. paid by you t
Changes
We reserve the right to modify these terms at any time and modified terms are effective upon posting to the Site. We will make reasonable efforts to inform you of these changes via email or through the Service. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Savi Yachts may also, in the future, offer new services and/or features including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Data
Users may request data related to their personal account and group(s) respectively. Savi Yachts has the right to refuse repetitive or technically difficult requests. For information about how we collect and share user information please refer to our Privacy Policy.
General Representation and Warranty
You represent and warrant that:
· your use of the Service will be in strict accordance with all Savi Yachts policies and procedures, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content), and
· your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND "AS AVAILABLE". SAVI YACHTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SAVI YACHTS 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.
SAVI YACHTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:
· THE INFORMATION PROVIDED ON SITE IS TRUE OR CORRECT,
· SAVI YACHTS WILL BE COMPLIANT WITH ANY LEGAL OR SAFETY REQUIREMENTS,
· 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.
Limitation of Liability
IN NO EVENT WILL SAVI YACHTS ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY PARTY FOR:
A. 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 YACHT RENTALS) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF SAVI YACHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
a. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
b. 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;
c. ANY CHANGES WHICH SAVI YACHTS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
d. YOUR FAILURE TO PROVIDE SAVI YACHTS WITH ACCURATE ACCOUNT INFORMATION;
e. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
B. ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR AS THE RESULT OF A YACHT RELATED ACCIDENT, THE RESERVATION FOR WHICH WAS FACILITATED USING SAVI YACHTS' SERVICES. SAVI YACHTS IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A YACHT CHARTER WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY RENTER, YACHT OPERATOR, OWNER OR THE SAFETY OF ANY YACHT OR FOR ANY OTHER REASON. YOU ACKNOWLEDGE AND AGREE THAT SAVI YACHTS SHALL HAVE NO LIABILITY RELATED TO YOUR BOOKING AND CHARTER OF A YACHT, AND ANY SUCH BOOKING AND/OR CHARTER IS MADE AT YOUR SOLE RISK.
C. NOTWITHSTANDING THE TERMS, IN NO EVENT SHALL SAVI YACHTS HELD LIABLE, FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO SAVI YACHTS UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. SAVI YACHTS SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Indemnification
IN THE EVENT OF A DISPUTE BETWEEN AN OWNER AND RENTER, OWNER AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS SAVI YACHTS AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “SAVI YACHTS PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF UNITS. FURTHER, YOU HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE SAVI YACHTS PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF YOUR (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THIS WEBSITE AND THE SERVICES.
Export Control and Restricted Countries
By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
Dispute Resolution
Arbitration
By using this Site, you agree that any and all disputes, claims or controversies that you may have against Savi Yachts arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by Savi Yachts or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association ("AAA"). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in San Francisco County California or at such other location as may be mutually agreed upon by Savi Yachts and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Savi Yachts will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND SAVI YACHTS 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.
All claims you bring against Savi Yachts must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, Savi Yachts will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from Savi Yachts, Savi Yachts may recover its reasonable attorneys’ fees and costs incurred to enforce this arbitration provision.
Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Savi Yachts address for Notice is: Savi Yachts, Attn; admin@saviyachts.com.
The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Savi Yachts may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Savi Yachts shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
Enforceability
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.
Miscellaneous
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.
Entire Agreement
This Agreement constitutes the entire agreement between Savi Yachts and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized agent/employee of Savi Yachts, or by the posting by Savi Yachts of a revised version.
Governing Law
The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Delaware, 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.
Severability
If any part of this Agreement is held invalid or unenforceable, that part will be struck, and the remaining portions will remain in full force and effect.
Waiver
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment
You may not assign your rights under this Agreement without written consent from Savi Yachts; Savi Yachts may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Termination
Savi Yachts may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your 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 Savi Yachts.
No Relationship
No joint venture, partnership, employment, or agency relationship exists between you, Savi Yachts or any third party provider as a result of this Agreement or use of the Service.
Non-Endorsement
Savi Yachts does not recommend one Owner over another and does not provide advice to users regarding which yacht to select. All comments or reviews posted by Savi Yachts Users, or on our Site do not represent the views of Savi Yachts in any way and are not endorsed by Savi Yachts absent a specific written statement to the contrary.
Force Majeure
Savi Yachts 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 yacht under legal process, adverse weather conditions, inability to obtain fuel, yacht 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 Savi Yachts. Savi Yachts is hereby released by you from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
Contacting Savi Yachts
If you have any questions about these Terms of Service, please contact Savi Yachts at admin@saviyachts.com.