Terms & Conditions

Welcome to Windelle Yacht Tours. These Terms and Conditions govern your use of our website, services, and yacht charter operations. By accessing our website or using our services, you agree to be bound by these Terms and Conditions. Please read them carefully before proceeding.

1. Acceptance of Terms

By accessing the Windelle Yacht Tours website ("Site") or utilizing our yacht charter services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our Site or services.

2. Website Usage

The content of this Site is provided for general information purposes only. While we strive to keep the information accurate and up-to-date, we make no representations or warranties about the completeness, reliability, or accuracy of the information, products, services, or related graphics displayed on the Site.

You may use our Site for lawful purposes only and in accordance with these Terms. You agree not to:

Use the Site in any way that violates applicable local, national, or international laws or regulations
Use the Site to transmit any material that is defamatory, offensive, or otherwise objectionable
Impersonate or attempt to impersonate Windelle Yacht Tours, a Windelle employee, or another user
Engage in any activity that could damage, disable, or impair the Site's functionality
Attempt to gain unauthorized access to any part of the Site, accounts, or computer systems
Use data mining, robots, or similar data gathering methods
Use the Site to send unsolicited communications or promotions

3. Intellectual Property Rights

The Site and its entire contents, including but not limited to text, images, graphics, logos, button icons, photographs, audio clips, digital downloads, data compilations, and software, are the property of Windelle Yacht Tours or its content suppliers and protected by Canadian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our Site, except:

Your computer may temporarily store copies of materials in RAM incidental to your accessing and viewing those materials
You may store files that are automatically cached by your web browser
You may print or download one copy of a reasonable number of pages of the Site for personal, non-commercial use
If we provide social media features with certain content, you may take such actions as are enabled by such features

4. Yacht Charter Terms

4.1. Booking and Reservations

A charter booking is confirmed only after receipt of the signed charter agreement and the required deposit. All bookings are subject to availability and acceptance by Windelle Yacht Tours.

4.2. Charter Payments

Charter payments typically follow this schedule:

30% deposit due at booking
Balance due 60 days prior to charter commencement
For bookings made within 60 days of charter, 100% payment is required
A security deposit is required prior to embarkation (refundable after the charter if no damages)

4.3. Qualifications for Bareboat Charters

For bareboat charters, the charterer or designated skipper must demonstrate sufficient sailing experience and qualifications. This may include:

Relevant certification (e.g., ASA 104 or equivalent)
A sailing resume detailing recent experience
Practical assessment by our staff if deemed necessary

Windelle Yacht Tours reserves the right to require a captain if qualifications are deemed insufficient.

4.4. Charterer's Responsibilities

The charterer agrees to:

Operate the vessel in accordance with Canadian maritime law and regulations
Stay within the agreed cruising area
Not exceed the authorized number of passengers
Return the yacht in the same condition as when received, normal wear and tear excepted
Report any accidents, damages, or equipment failures immediately
Not operate the vessel under the influence of alcohol or drugs
Not use the vessel for commercial purposes or any illegal activities

4.5. Insurance

Our yachts are insured under a standard marine insurance policy. This insurance typically covers hull and machinery, third-party liability, and personal accident coverage for passengers. Charterers are responsible for the deductible amount in case of damage. We strongly recommend charterers obtain their own travel and cancellation insurance.

5. User Conduct on the Website

When using interactive features of our Site, including comments, reviews, and social media integrations, users must comply with these rules of conduct:

Be respectful and courteous to other users
Do not post content that is defamatory, obscene, offensive, or harassing
Do not post spam or commercial solicitations
Do not infringe on the intellectual property rights of others
Do not post personal information about others without their consent

We reserve the right to remove any content that violates these rules and to suspend or terminate access for users who repeatedly violate them.

6. Limitation of Liability

To the fullest extent permitted by law, Windelle Yacht Tours shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with:

Your use of, or inability to use, the Site or our services
Any actions or content of third parties
Any unauthorized access to personal data
Any interruption or cessation of transmission to or from the Site
Any bugs, viruses, or other harmful elements transmitted by third parties

For yacht charters, Windelle Yacht Tours shall not be liable for:

Loss or damage to charterer's personal property
Injuries sustained during the charter period not directly caused by our negligence
Delays or cancellations due to weather or other circumstances beyond our control
Actions of the charterer or their guests that violate these terms or applicable laws

7. Indemnification

You agree to indemnify, defend, and hold harmless Windelle Yacht Tours, its officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

8. Changes to Terms

Windelle Yacht Tours reserves the right to revise these Terms and Conditions at any time. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. By continuing to use the Site after revisions become effective, you agree to be bound by the revised terms.

9. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Manitoba, Canada, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site or services shall be instituted in the courts of Manitoba, and you agree to submit to the jurisdiction of such courts.

10. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions will continue in full force and effect.

11. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by Windelle Yacht Tours on the Site, constitute the entire agreement between you and Windelle Yacht Tours concerning the Site and our services.

12. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

4250 Saint-Ambroise Street, Montreal, QC H4C 3R4
Canada
Phone: +1 (786) 960-6054
Email: [email protected]

Last Updated: November 15, 2023