Terms & Conditions
Experiential Yachting – Yacht Adventure Auction
Terms & Conditions
- These Terms of Auction(“Terms”, “Terms & Conditions”) are the terms on which YOU, the USER, (“party”, “user”, “bidder”, “auction participant”, “Intermediary”, “broker”, “member”, ”intermediary partner”) may use www.experiential-yachting.com ( “Website”) and access the services (“Auction Lots”), which unite Lot Partners ( “Charity organisation”, “Foundation”, “Special guest”, “charity organisation”, “yacht owner”, “yacht owner’s representative”, “central agent”).
- The Website is operated by Maria Yachting/EXPERIENTIAL YACHTING (“The Company”, “Organiser”, “Experiential Yachting”, “Company”, “we”, “us”, “our”), a Monegasque sole trader company incorporated under the laws of Monaco registered under number 12P07886, having its registered office at 6 lacet saint leon, 98000, Monaco. Maria Yachting is the owner of the brand & concept EXPERIENTIAL YACHTING and CHARTER FOR CHARITY AUCTION (“The Auction”, “Yacht Adventure Auction”) .
- By using our Website, you confirm that you agree to comply with and to accept these Terms.
- You accept the Terms by actually using the Services and the Website. You understand and agree that your use of the Services and the Website as acceptance of the Terms from that point onward.
- The Company 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.
- “The Organiser” – a Monegasque sole trader company Maria Yachting / Experiential Yachting, incorporated under the laws of Monaco registered under number 12P07886, having its registered office at 6 lacet saint leon, 98000, Monaco. – the owner of Yacht Adventure Auction, the Website and concepts Experiential Yachting and Charter for Charity.
- “Yacht Adventure Auction” – an online by-invitation-only service of yacht charity auction, that allows the User to bid and win the Auction Lot
- “Auction Lot” – is a unique one-of-its-kind yacht charter with the purpose of philanthropic action. Auction lot consists of yacht rental and making a charity donation to a Lot Partner and its concrete projects related to the Lot.
- “Lot Partner” 1: a charity organisation or a person, who benefit from the donation of the User, and may provide some services, products or experiences related to the Lot in exchange to the donation.
- “Lot Partner” 2: a company or a person, who owns a yacht or an official representative of the owner or owning company
- “Auction Participant” – a company or a person, who bids to win the Lot, including the representatives who can bid on behalf: intermediaries, brokers and yachting professionals.
- “Lot Winner” – a company or a person, whose bid was higher on the last minute of the Auction termination.
- “Yacht” – a vessel which is provided by the owner or his representative for the Auction Lot and which will be chartered under separate agreement between the Lot winner and the owner of the yacht.
- “Website” – an online website page platform where the Auction is happening.
- “Experiential Yacht Cruise” – the actual cruise of the yacht with the Lot Winner and his guests onborad, determined in separate agreement between the Yacht Owner and Lot Winner.
- The Auction Terms & Conditions
- By accepting current Terms & Conditions you confirm that you have carefully studied and fully agree to the terms and conditions of whole process and methodologies of Yacht Adventure Auction. This agreement is binding by law.
- The Organiser have the right to control, regulate and record anything related to The Auction.
- The Auction takes place online within the defined and clearly stated period of time.
- The Organiser may accept or reject bids in his sole discretion without providing reasons. This would include rejecting an offer previously accepted by the Organiser.
- The approval of the Lot Winner is subject to final confirmation by the owner of the vessel
- The Organiser will proceed with KYC ( know your customer) for each potential Auction Participant and can request any additional information about potential Auction Participant prior or after accepting the user as a bidder.
- To become a bidder each Auction Participant is obliged to make a participation deposit of 10 000 euros to the Escrow account of the Independent Trusted Auction Advisor. The deposit will be held until the end of the Auction and will be either refund back in total in case of non-win of the Lot or taken as a part of the Lot payment in case of winning the lot.
- The Lot winner is obliged to enter into separate Charter Agreement ( for example MYBA Charter Agreement or any other) with the Owner of the vessel , related to the winning Lot.
- Each Lot should be paid by the Lot Winner as follows:
- 30% of the Starting bid price for Yacht Charter Fees – as defined in the separate Charter Agreement – to be paid within 3 working days to Broker or Stakeholder
- Donation to the Charity/Foundation – to be paid in full within 3 working days to the Organiser or directly to the Charity/Foundation
- The remaining Yacht Charter Fees, APA ( deposit for expenses), Expedition organisational fees, guides, permits (if any), fixed helicopter/submarine rental fees (if any) and VAT ( if applicable) is to be paid as will be determined and agreed in the separate Charter Agreement
- No bid may be withdrawn after submitting the bid live.
- The duration of the Lot experience is determined in the lot description, however the Lot Winner may extend the yacht charter period. In this case the terms of separate Yacht Charter Agreement apply.
- Lot Partners
- The Organiser collaborates with two groups of Lot Partners to create the Lots: Lot-Partner-1. (a charity organisation or a person, who benefit from the donation of the User, and may provide some services, products or experiences related to the Lot in exchange to the donation ) and Lot-Partner-2.(a company or a person, who owns a yacht or an official representative of the owner or owning company).
- The Organiser enters into separate agreement with Lot Partners
- The Organiser’s general responsibilities towards Lot-Partners-1 (a charity organisation or a person, who benefit from the donation of the User) are the following:
– To provide all necessary information about the Auction and the winning bidder
– To proceed with the payment of the donated funds ( excluded Organiser’s commissions and yacht owner’s gain) after receiving the Donation from the Lot winner. Terms of payments and percentage compensation for the Organiser is described in Clause 7 of separate agreement with Lot Partner 1.
– Whilst every effort will be made to secure the smooth transaction of the donation, the Organiser cannot be held responsible for any action of the Lot Winner related to failure of any payments.
- The Lot-Partners-1( a charity organisation or a person, who benefit from the donation of the User) General responsibilities of Lot-Partners-1 towards the Organiser are the following:
– To provide all necessary information about the Organisation, its mission and relevant projects, including texts, images, videos and other necessary material.
– In case of involvement in any activities or services related to the Lot, to provide preferences and conditions prior to finalising the Lot ( for example preferred cruising destination , timing , any special procedures or requirements)
– To provide a full report of how the donation is used and how it helped to resolve concrete problems or maintain concrete mission. The report should include photos and videos, if appropriate.
– To promote the Auction and the Lot within own network or media sources to multiply the chances of raising the charitable donation at maximum possible level.
– In case of any annulation or disability to proceed with any commitments, mission or project, The Lot-Partner-1 is entitled to the immediate return of the donation either to the Lot Winner or to the Organiser.
- The Organiser’s general responsibilities towards Lot-Partners-2 are the following:-
– To promote Lot Partner as the sole and exclusive owner’s representative of the vessel (in case the vessel is introduced through Central Agent)
– To confirm the use of any visual or text material related to the vessel prior to finalising the Lot
– To provide maximum information regarding the Lot Winner
– To acknowledge that the final approval of the Lot winner is subject to final confirmation by the owner of the vessel
– To clearly instruct the Auction Participants that the Lot Winner is obliged to enter into separate Charter Agreement ( for example MYBA Charter Agreement or any other) with the Owner of the vessel , related to the winning Lot.
– Whilst every effort will be made to secure the smooth entering into separate Charter Agreement between the Lot Winner and the Vessel, the Organiser cannot be held responsible for any action of the Lot Winner or the Yacht Owner related to non-agreement of additional terms & conditions, dates, failure in signature of the Charter Agreement or any payments.
– To include Lot-Partner-2 Commissions in the Starting Bid Price related to the yacht charter fees, as defined in Separate Agreement with Lot Partner 2. ( in case the vessel is introduced through Central Agent)
- The Lot-Partners-2 general responsibilities towards the Organiser are the following:
– To provide all necessary information about the Yacht, destination, itinerary, activities and yacht crew, including texts, images, videos and other necessary material.
– To determine flexible period during which the charter should happen ( for example 1 week within July – August 2020) and facilitate the negotiation between the Lot Winner and the Yacht Owner regarding the exact charter dates prior to entering into separate Yacht Charter Agreement
– To support the initiatives of the Auction and to promote the Lot within own network or media sources to multiply the chances of raising the charitable donation at maximum possible level.
– To include Organisers Commissions in the Starting Bid Price related to the yacht charter fees, as defined in Separate Agreement with Lot Partner 2.
- Charitable Donation
- The minimum Donation is determined by the Lot-Partner-1 and included in the Total Starting Lot Price.
- The Organiser is entitled to 15% commissions from the minimum Charitable Donation.
- The final Charitable Donation is the minimum Donation plus the Spread (fundraised amount)
- The Spread (fundraised amount) is divided as follows: 70% – to LOT PARTNER, 30% to Auction Organiser and corresponding broker / intermediary.
- The Organiser is not responsible for non-payments of any third party, including Lot Winner.
- Brokers / Intermediary Partners
- The Organiser collaborates with Intermediary partners and Brokers to maximise the awareness about the Lots and multiply the chances of raising the charitable donation at maximum possible level.
- The Intermediary Partner or Broker can bid on behalf of the client or can let the client bid himself.
- The Intermediary Partner is entitled to 5% commissions from the Charter Fees and additional 15% of the Spread of Charitable Donation, which are to be paid Organiser’s commissions (Clause 4 and Clause 5.5)
- If the bidder was represented by Intermediary Partner, not related to yachting industry, the separate Yacht Charter Agreement will be signed between The Organiser, Central Agent and the Lot Winner. In this case, the Organiser can figurate in the Yacht Charter Agreement as Broker and entitled to commissions from Charter Fees.
- If the bidder was represented by Brokers & Yachting professionals, the separate Charter Agreement will be signed between the Broker, Central Agent and the Lot Winner. In this case the Organiser will not figurate in the Yacht Charter Agreement as Broker
- If the bidder was represented by Organiser, the the separate Charter Agreement will be signed between the Organiser, Central Agent and the Lot Winner. In this case, the Organiser can figurate in the Yacht Charter Agreement as Broker and entitled to commissions from Charter Fees.
- Brokers and Yachting professionals are entitled to additional 20% of the Spread of Charitable Donation, which are to be paid Organiser’s commissions (Clause 4 )
- Broker or Yachting professional should be able to provide relevant proof of attachment to the yachting industry for at least 3 years.
- Starting Bid Price
6.1 Starting Bid Price includes:
- Yacht Charter Fees ( that include the charter of the vessel, the crew expenses and salaries, the insurance etc. )
- Experience fees (for example expedition organisational fees, guides, permits, helicopter/submarine rentals)
- Donation to the Charity/Foundation
6.2 Starting Bid Price excludes:
- APA (Advance Provisioning Allowance) – deposit for expenses that normally covers such expenses as fuel, port fees, experiences activities, food & beverages etc.
- VAT – The Local Tax varies from country to country according to legislations.
- Separate Agreements
- By using the services of the website and becoming a bidder, you acknowledge and agree that in case of Lot Winning you will be required to enter into a separate agreement directly with the owner or legal owner’s representative of the vessel.
- Any separate agreements and/or waivers relating to the rental of a yacht or related products or services are under the sole control of the user and the owner or legal owner’s representative of the vessel. The Company, as an experienced yachting insider, guarantee that we will do maximum to advice and check the legality. The strict internal standards of the Company also permit to assure the Users that the owner’s and owner’s representatives of the yacht are professionals and uses the legal approved agreements and contracts. However, the Company withdraw any responsibility regarding any separate agreements.
- In the event of a dispute between any User, the user hereby agree to indemnify, release, defend and hold harmless the Company and Website and its owners, collaborators and affiliated partners 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 connect 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 rental units. Further, any User hereby agree to indemnify, release, defend and hold harmless the Company and the Website from any claims brought as a result of users breach of the terms, violation of any law or the rights of a third party and use of the Website and the services or software.
- Cancelation policy, captain’s authority and responsibility, vessel owner’s responsibility, charterer’s responsibility, commissions, final duration of the Yachting Experience and final total price, Payment schedules and conditions, Insurance details, Force Major, Complaints, Breakdown policy, delivery terms and all other relevant aspects are defined in Terms & Conditions of Separate Agreement.
- Most common separate agreement is MYBA contract and POA for some destinations on expedition vessels. However the parties might use any other agreements and contracts at their conveniences.
- By becoming a bidder, using this Website and its services you confirm that you agree to all the above terms regarding separate agreements.
8.1 By clicking a checkbox you agree that in case of Lot Winning you proceed with the payment as follows:
– The Yacht Charter Fees, VAT, APA ( deposit for expenses) and Experience Fees may be paid directly to Stakeholder or Your Broker or Experiential Yachting (if the Company acts as a Broker), as will be defined in the separate Yacht Charter Agreement.
– The Donation to Charity/Foundation can be paid to Experiential Yachting or directly to Charity company or related person.
– In case the Donation is paid directly to the Charity or company or related person, Experiential Yachting is entitled to 15% percentage compensation from the minimum Charity Donation and the divided 30% of the Spread ( Clause 4.4)
8.2 The Organiser is not responsible for non-payments of any third party, including Lot Winner.
8.3 In case of any annulation from any Lot Partners, the Lot Winner is entitled to full reimbursement of any paid amounts.
9.1 The Company is not a party to any contract for insurance facilitated through any link to a third party insurance provider, 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. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with the Company. The latter has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that The Company 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 the Company shall not be included as a party to any such claims or disputes.
- Limitation of Liability
- You agree not to use the Website for any commercial, business or resale purposes, unless you are our official partner or approved bidder, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- The Website, the Auction and its content are provided “as is” and, to the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to the Website or any content on it.
- You agree that the Company not be liable to any user for any loss or damage, whether in Separate Agreements, tort (including but not limited to negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website, or use of or reliance on any content displayed on the Website. In particular, the Company will not be liable for any indirect or consequential loss or damage.
- We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
- You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
12. Apply to Bid Form
- The Auction page contains Apply to Bid Form , which might need to be filled in to secure best possible service. The terms of data and private information related to various Forms on the Website is explained in all details in Privacy and Cookies Policy. If you have any doubts or questions please contact firstname.lastname@example.org any time.
- Personal Data: first name, last name, phone number, e mail address, company name, nationality, country of residence, date of birth. By clicking a checkbox you confirm that you have read and agree to the following terms related to Protection of Personal Data Policy: In conformity with the provisions of laws related to privacy and confidentiality, each User has right to access, modify, rectify or delete their own data by writing to the following e mail address email@example.com. The data will be modified or deleted immediately within 24 hours after receiving a written request. The information communicated is solely reserved to the Owner and can not be disclosed to any third party, besides the Lot Partners in case the User becomes the Lot Winner. The Owner has a right to use provided e mail address and contact information to communicate with applicant. Anytime the User can express his wish not to receive any communicative e mails from the Owner and withdraw all his data information by sending a simple demand to firstname.lastname@example.org
- By clicking a checkbox the User agrees and allows the Company to conduct the KYC (know your customer) procedure for any potential Bidder, including requesting his identification data and collecting information about him from open sources on the Internet and the media. If, following the results of the specified procedure, the Bidder is considered as undesirable, the Company has the right to refuse the User to participate in the Auction and return the Participation Deposit to him if it has been paid. In this case, the User agrees not to attempt to participate in the Auction on behalf of other Users or to use any pseudonyms.
13. Experiential Yachting and Club29SEAS
- By clicking a checkbox you confirm that you might be automatically nominated and accepted as a member of Club29Seas.
- Club29Seas is an Experiential Yachting Private Club for Collectors of unique yachting experiences. Membership is fees-free, but by approval or invitation only.
14. Copyright and trademark
- Experiential Yachting and the Auction is officially registered property of the Company. All content, designs, text, graphics, software compilations, source codes on this Website are the copyright of the Company.
- Experiential Yachting a conceptual yachting tool. Reproduction of part or all of the contents or concepts in any form is strictly prohibited other than for individual use only and may not be recopied and shared with a third party.
- The Company is the owner or licensee of all the material and all intellectual property rights of part or all of the concept related to EXPERIENTIAL YACHTING, including, without limitation, copyright and trademarks.
15. Applicable Law
- Any disputes or claim arising out of or in relation to these General Terms and Conditions or in the relationship between the users and the Company, it should be first trying to be resolved amicably between the parties. If the disputes cannot be resolved amicably within 30 days it shall be settle in accordance to what provided for by current Terms & Conditions and Privacy & Cookies Policy and also Separate Agreements, if any.
- Any dispute or claim arising out of or in relation to Terms & Conditions and Privacy & Cookies Policy and also separate agreements, if any(including non-contractual disputes or claims) or their subject matter shall be governed by the laws of England or the laws of Monaco and you agree that the Courts of England and Wales or the Courts of Monaco will have exclusive jurisdiction to hear any such disputes or claims.
16. Binding Terms & Conditions
These Conditions of the Auction constitute the whole agreement between all the Users as to the subject matter hereof and are binding. Accepting these Terms and Conditions you confirm that you have read and understood all of the terms and conditions contained herein and agree that they are bound hereto.