Terms & Conditions
Last updated: September 23, 2024
1. Introduction
Welcome to OpenServiceClearing ("we," "our," or "us"). These Terms & Conditions ("Terms") govern your use of our yacht charter services and website located at openserviceclearing.sbs (the "Service") operated by OpenServiceClearing.
By booking a charter or accessing our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.
2. Service Overview
OpenServiceClearing offers high-end yacht charter services, which include but are not limited to:
- Daily yacht rentals
- Sunset cruises
- Corporate retreats
- Private events
- Multi-day charters
Service availability is subject to weather conditions and we retain the authority to modify or cancel services at our discretion.
3. Booking and Reservations
3.1 Booking Process
To reserve a charter, you need to:
- Be at least 18 years old
- Provide current and complete details
- Pay the stated deposit according to your reservation confirmation
- Consent to these Terms & Conditions
3.2 Confirmation
A booking is guaranteed only when payment is received and we provide written confirmation. We maintain the right to decline service at our own discretion.
3.3 Availability
Charters are contingent upon the availability of vessels and favorable weather conditions. We will exert reasonable efforts to meet your requested dates and times.
4. Payment Terms
4.1 Pricing
All prices are provided in € and include relevant taxes unless indicated otherwise. Prices are subject to alteration without prior notice.
4.2 Payment Schedule
- Deposit: 50% of the total charter fee required at the time of reservation
- Balance: Payable 48 hours prior to departure
- Incidental expenses (if any): Payable upon the charter's completion
4.3 Payment Methods
We accept major credit cards, bank transfers, and authenticated checks. Our payment procedures are executed using safe, encrypted methods.
5. Cancellation and Refund Policy
5.1 Customer Cancellations
- With more than 72 hours before departure: Full reimbursement minus processing fees
- Between 24 to 72 hours prior to departure: 50% reimbursement
- Less than 24 hours prior to departure: Non-refundable
5.2 Weather Cancellations
Should our captain deem weather conditions unsafe, we will propose to:
- Reschedule the charter to an alternative date without extra charges
- Process a full refund if rearranging is not feasible
5.3 Mechanical Issues
If there are mechanical issues with the allocated vessel, we will aim to source a suitable substitute. If no replacement is accessible, a full return of payment will be issued.
6. Safety and Conduct
6.1 Safety Requirements
All guests must:
- Comply with all commands from the crew
- Utilize provided safety equipment when required
- Inform of any health conditions that may impact their safety
- Stay within the areas of the yacht designated for passengers
6.2 Prohibited Items
The following are not allowed on board:
- Glass containers
- Illegal substances
- Firearms or weapons
- Excessive beverages (past reasonable personal consumption)
- Pets (except with prior approval)
6.3 Behavior
Passengers are expected to behave respectfully. We reserve the right to terminate a charter without refund if passenger conduct endangers safety or ruins the experience for others.
7. Liability and Insurance
7.1 Our Liability
Our accountability is limited to the charter fee paid. We are not answerable for:
- Injuries sustained by passenger recklessness
- Theft or destruction of personal belongings
- Indirect or punitive repercussions
- Delays ascribable to weather or events outside our command
7.2 Insurance
We have comprehensive marine insurance for our fleet and activities. Passengers are encouraged to have their travel and personal insurance.
7.3 Risk Acceptance
Engaging in our charter services means you understand there are intrinsic dangers in marine activities and you own accountability for your safety and wellbeing.
8. Alterations and Itinerary Adjustments
We reserve the right to alter itineraries, pathways, or schedules due to weather, security considerations, or operational necessities. We will attempt to offer a comparable alternative experience when possible.
9. Force Majeure
Events beyond our control, including but not confined to the following, do not hold us accountable for delays, cancellations, or changes:
- Extreme weather conditions
- Natural catastrophes
- Official directives
- Harbor shutdowns
- Machine failures
10. Privacy and Data Protection
We process your personal details following our Privacy Policy. By engaging with our services, you agree to the collection and usage of your data as outlined in our Privacy Policy.
11. Intellectual Property
All elements on our website, such as text, graphics, trademarks, and pictures, are safeguarded by copyright and trademark regulation. Reproduction, dissemination, or making derivative works without our explicit consent is prohibited.
12. Governing Law
The laws of Montenegro govern these Terms. Any disputes will be adjudicated in the courts situated in Tivat, Montenegro.
13. Terms Modification
We may revise these Terms anytime. Amendments will be notified on our site alongside the newly updated date. Continued utilization of our services implies agreement to the updated terms.
14. Contact Information
For inquiries regarding these Terms & Conditions, reach out to us at:
OpenServiceClearing
Porto Montenegro
Tivat 85320
Montenegro
Phone: +382 32 661 059
Email: [email protected]