1. Introduction

Welcome to OpenWindowSeat ("we," "our," or "us"). These Terms & Conditions ("Terms") control your usage of our yacht rental services and website situated at openwindowseat.rest (the "Service") directed by OpenWindowSeat.

By securing a charter or using our Service, you consent to these Terms. If you do not accept any section of the terms herein, you should refrain from using the Service.

2. Service Overview

OpenWindowSeat offers top-tier yacht rental services, which include:

  • Daily yacht hires
  • Evening cruises
  • Business retreats
  • Exclusive gatherings
  • Extended charters

All offerings are based on availability and meteorological conditions. We hold the authority to modify or cease services without notice.

3. Booking and Reservations

3.1 Booking Process

For charter reservation, you ought to:

  • Be no younger than 18 years
  • Supply accurate and thorough details
  • Make a deposit as delineated in your reservation confirmation
  • Concur with these Terms & Conditions

3.2 Confirmation

Confirmation of your booking occurs only upon payment acceptance and our confirmatory communication. We may at our discretion refuse service to any individual.

3.3 Availability

Charters are contingent upon vessel availability and fitting weather conditions. We will take reasonable actions to cater to your chosen dates and times.

4. Payment Terms

4.1 Pricing

All rates are provided in € and include taxes where applicable, unless mentioned otherwise. Rates are susceptible to amendments without prior notification.

4.2 Payment Schedule

  • Deposit: 50% of the overall charter fee payable upon reservation
  • Final payment: Due 48 hours ahead of the charter's start
  • Incidental costs (if relevant): Chargeable at the charter's end

4.3 Payment Methods

We receive payments via major credit cards, electronic transfers, and certified checks. Payment transactions are processed through secure, encrypted mechanisms.

5. Cancellation and Refund Policy

5.1 Customer Cancellations

  • Above 72 hours from departure: Full reimbursement minus handling fees
  • Between 24-72 hours prior to departure: Half the amount is refunded
  • Under 24 hours before departure: Zero refund provision

5.2 Weather Cancellations

Should our captain determine the weather unsafe, we will propose to:

  • Reschedule to a new date at no extra charge
  • Issue full reimbursement if rescheduling is not feasible

5.3 Mechanical Issues

If the designated vessel encounters mechanical failure, we will strive to supply an appropriate substitute. If no replacement is available, we will issue a complete refund.

6. Safety and Conduct

6.1 Safety Requirements

All guests must:

  • Adhere to all instructions from the crew
  • Utilize safety gear when prescribed
  • Inform about any health issues that could influence their security
  • Stay within predefined areas on the vessel

6.2 Prohibited Items

The items below are not allowed aboard:

  • Glass objects
  • Unlawful materials
  • Firearms or other weaponry
  • Excessive amounts of soft drinks beyond reasonable consumption
  • Pets (unless previously authorized)

6.3 Conduct

Passengers are expected to behave respectfully. In the event that a passenger's behavior endangers safety or interrupts other's experiences, we reserve the right to halt the journey promptly and without a refund.

7. Liability and Insurance

7.1 Our Liability

We limit our liability to the cost paid for your charter. We are not accountable for:

  • Injuries resulting from the passenger's own negligence
  • Theft or damage to personal belongings
  • Indirect, consequent, or punitive damages
  • Delays due to weather or events beyond our management

7.2 Insurance Coverage

Our enterprise maintains broad marine insurance for our vessels and operations. Passengers are in charge of obtaining their own travel and personal insurance.

7.3 Assumption of Risk

Engaging in our charter services signifies acknowledgment of inherent maritime risks and the assumption of responsibility for your own safety and welfare.

8. Modifications and Itinerary Changes

We hold the discretion to alter itineraries, pathways, or timetables due to weather, safety, or operational requisites. We will exert all efforts to offer comparable alternate experiences.

9. Force Majeure

We disclaim any liability for interruptions, delays, or changes brought about by factors outside our reign, including but not limited to:

  • Adverse weather conditions
  • Catastrophes
  • Legal mandates
  • Harbor shutdowns
  • Machine malfunctions

10. Privacy and Data Protection

Your individual details are managed in accordance with our Privacy Policy. You accord to the collation and application of such details as explicated in the Privacy Policy by employing our solutions.

11. Intellectual Property

All materials on our web domain, such as texts, visual art, logos, and pictures, are safeguarded by copyright and trademark provisions. Replication, dissemination, or derivative creation is forbidden without our express consent.

12. Governing Law

The laws in force within Germany govern these Terms. Any arising disputes are to be addressed in the courts stationed within Hamburg, Germany.

13. Changes to Terms

At our discretion, we may amend these Terms periodically. Amendments will be publicized on our website with a revision date. Your continued engagement with our services signifies acceptance of any such altered terms.

14. Contact Information

For inquiries regarding these Terms & Conditions, reach out to us:

OpenWindowSeat
Marina Point
Hamburg 20457
Germany

Phone: +49 40 9999 9999
Email: info@openwindowseat.rest