Terms & Conditions

ALLURE CHARTERS TERMS AND CONDITIONS

These terms and conditions (the Agreement) govern the basis of your use of the [allurechartersbvi.com] website (the Website) and any of its related products and services, including, for the avoidance of doubt, providing water taxi services and/or charters (collectively, the Services). This Agreement is legally binding between you (User, you or your) and Allure Charters (Allure Charters, we, us or our). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms User, you or your shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Allure Charters, even though it is provided to you via electronic means and is not physically signed by you. You agree and acknowledge that it governs your use of the Website and Services. We reserve the right to vary these Terms and Conditions from time to time, including during the course of the provision of the Services without your prior consent.

BILLING AND PAYMENTS

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the reservation. We reserve the right to refuse any reservation placed with us. We may, in our sole discretion, limit or cancel reservations. These restrictions may include reservations placed by or under the same customer account, the same credit card, and/or reservations that use the same billing and/or shipping address. In the event that we make a change to or cancel a reservation, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the reservation was made.

ACCURACY OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel reservations if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your reservation request). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

LINKS TO OTHER RESOURCES

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Allure Charters will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will Allure Charters, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Allure Charters and its affiliates, officers, employees, agents, suppliers and licensors relating to the Services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Allure Charters for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

INDEMNIFICATION

You agree to indemnify and hold Allure Charters and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Website and Services or any wilful misconduct on your part.

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

DISPUTE RESOLUTION

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of British Virgin Islands without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of British Virgin Islands. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in British Virgin Islands, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement, or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

DEPOSIT

You are required to pay a 50% deposit to secure all reservations made in excess of 48 hours before your departure date and time. If the reservation is made within 48 hours of the departure day and time, the full cost of the reservation is required to be paid in order to secure your reservation.

CANCELLATION POLICY

If the reservation is cancelled 7 clear days before the departure date and time, there will be a full refund of the 50% deposit.

If the reservation is cancelled within 6 to 2 days of the departure date and time 50% of the cost of the reservation will be levied (i.e., the 50% deposit will be retained by Allure Charters).

If the reservation is cancelled within 48 hours of the departure date and time 100% cost of the reservation will be levied.

FORCE MAJURE

Force Majeure Event means any circumstance not within a party’s reasonable control including (but not limited to):

acts of God, flood, drought, earthquake or other natural disaster;
epidemic or pandemic;
inability to traverse the seas due to life threatening weather conditions and/or restrictions put in place by the BVI Government or BVI Ports Authority due to impending weather;
terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
nuclear, chemical or biological contamination or sonic boom;
any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
collapse of buildings, fire, explosion or accident; and
any labour or trade dispute, strikes, industrial action or lockouts.

In the event of a Force Majeure Event, the obligations of the parties shall be suspended for so long as the Force Majeure Event renders performance of the agreement impossible and upon the occurrence of a Force Majeure Event that cannot be resolved within 72 hours, we will return your deposit.

If we are prevented, hindered or delayed in or from performing any of our obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations.

The Affected Party shall:

as soon as reasonably practicable after the start of the Force Majeure Event, we will notify you in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on our ability to perform any of our obligations under the agreement; and
use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of our obligations.

If we are unable to sail due to a Force Majeure Event, your deposit will be returned to you within 7 business days.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions stipulated therein. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

CONTACTING US

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: Allurechartersbvi@gmail.com