Terms & Conditions

1. Introduction

Welcome to CommonsDataGarden ("Company", "we," "our," "us"). Your use of our website at commonsdatagarden.site and yacht charter services (collectively, the "Service") operated by CommonsDataGarden is subject to these legally binding Terms & Conditions ("Terms"). By reserving a charter or using the Service, you consent to these Terms. You must not use the Service if you do not agree with any part of these terms.

2. Service Overview

CommonsDataGarden offers a range of high-end yacht charter services such as:

• Boat rentals for the day
• Evening boat tours
• Company retreats
• Exclusive gatherings
• Voyages spanning several days

Service availability may vary depending on various factors and may change or be terminated at any given time.

3. Booking and Reservations

3.1 Booking Process

Charter reservation requirements include:

• Minimum age of 18 years
• Provision of valid and complete details
• Payment of the initial booking deposit as outlined in the confirmation
• Acceptance of these Terms & Conditions

3.2 Confirmation

Booking confirmation occurs upon payment receipt and our formal written notice. We reserve the discretion to decline service to anyone.

3.3 Availability

Charter availability depends on vessel scheduling and favorable weather conditions. We aim to accommodate your preferences for charter dates and times whenever feasible.

4. Payment Terms

4.1 Pricing

All our fees are stated in € and include relevant taxes unless stated otherwise. Pricing is subject to changes without prior notice.

4.2 Payment Schedule

• Deposit: Half of the total cost due at the time of booking
• Remaining balance: To be paid 48 hours prior to the departure of the charter
• Additional fees (if applicable): Payable after the charter concludes

4.3 Payment Methods

We accept various forms of payment such as credit cards, wire transfers, and certified checks. Our payment processing utilizes secure, encrypted channels.

5. Cancellation and Refund Policy

5.1 Customer Cancellations

• Cancellations made more than 72 hours before departure will be refunded fully except for processing fees
• For cancellations within 24-72 hours before departure, a refund of 50% is applicable
• No refund will be offered for cancellations made less than 24 hours before the scheduled departure

5.2 Weather Cancellations

Should the captain deem weather conditions unsafe, we will either:

• Offer to reschedule the charter at no additional cost for the next available slot
• Provide a complete refund if rescheduling is not feasible

5.3 Mechanical Issues

In case of mechanical failure of your assigned yacht, we will seek a compatible replacement. If an alternate is unavailable, we will refund the charter fully.

6. Safety and Conduct

6.1 Safety Requirements

Passengers are mandated to:

• Adhere to all instructions given by the crew
• Utilize the provided safety gear as instructed
• Inform us of any medical conditions that could impact safety
• Stay within designated vessel areas

6.2 Prohibited Items

The items prohibited on board include, but are not limited to:

• Glass containers
• Illegal substances
• Firearms or other weapons
• Excessive amounts of non-alcoholic drinks
• Animals apart from those granted permission

6.3 Conduct

Respectful behavior is expected from all passengers. Disruptive or unsafe conduct may lead to premature termination of the charter without a refund.

7. Liability and Insurance

7.1 Our Liability

Our accountability is capped at the price you paid for the charter. We are not responsible for:

• Injuries from passenger negligence
• Lost or damaged personal belongings
• Indirect or consequential damages and penalties
• Delays out of our operational control, such as weather events

7.2 Insurance Coverage

Our marine insurance is extensive, covering both the yachts and our operational activities. Passengers should secure their own travel and personal insurance.

7.3 Assumption of Risk

Participation in chartering implies acknowledging the inherent risks of waterborne activities and accepting personal liability for your safety.

8. Modifications and Itinerary Changes

Changes to itineraries, routes, or timetables may occur due to factors such as weather, safety, or other operational concerns. We will strive to ensure alternatives provide a similar experience.

9. Force Majeure

Uncontrollable events beyond our influence that could cause delays, cancellations, or adjustments include but are not exclusive to:

• Extreme weather
• Natural calamities
• Governing statutes
• Port shutdowns
• Vessel malfunctions

10. Privacy and Data Protection

We manage your personal data according to our Privacy Policy. Utilizing our services implies consent to data collection and use as outlined in our Privacy Policy.

11. Intellectual Property

The website's content, including text, visuals, logos, and images is protected by copyright and trademark legislations. Unauthorized reproduction, distribution, or derivative creation is prohibited without our explicit authorization.

12. Governing Law

The applicable laws of France govern these Terms. Any legal disputes will be adjudicated in the courts of Cannes, France.

13. Changes to Terms

The amendment of these Terms is at our discretion at any time. Any changes will be communicated through our website with an updated date of revision. Continued use of our services signifies an agreement to the updated terms.

14. Contact Information

If you have inquiries regarding the Terms & Conditions, our contact details are as follows: