Our Service offers luxury yacht rentals for private events in the San Diego Bay and coastal waters. The yacht carries commercial marine insurance and certification from the US Coast Guard. The yacht has a total capacity of 125 passengers, with maximum of 64 passengers allowed in the main enclosed deck, maximum of 44 passengers on the upper deck, and maximum of 17 passengers on the upper VIP deck.
Our IP. All Service contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Service for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Service to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to firstname.lastname@example.org.
By using our Service, you represent, warrant and agree that:
- You will only use the Service for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the Service.
- You will provide a valid payment method information when necessary and pay all sums due when due.
- You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
- Our Site may contain typographical errors or other inaccuracies.
- Our Service content may not be copied for republication, either online or on paper, without our prior express written permission. However, you can share Service content via built-in social sharing buttons.
- You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
- You will not access our Service in order to gain a competitive advantage.
- We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
- You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
- You will not interfere with the proper working of the Service. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party's rights of privacy and publicity.
SPECIAL TERMS FOR THOSE BOOKING A VESSEL
The provisions of this Section apply to those users who book our yacht:
- Final guest count and all services (food, beverage, entertainment, etc.) are due and must be finalized at least 15 days before the event. You agree to pay for all services ordered at time of booking, as well as before and during the event. Security deposits may be required for some events.
- Promotions and discounts can expire or be discontinued without notice if not used. Rates (yacht rentals, food, beverage, entertainment, etc.) can change at any time, provided however that price increases will not apply to events you had already booked.
- In case of equipment breakdown resulting in stoppage of the event you are entitled to a pro-rated refund, unless the breakdown was caused by force majeure, you or your guests.
- The host of the event (person who paid for the event, or the person designated as host by the person who paid) is responsible to ensure only invited/registered guests (on the pre-approved guest-list provided to the Company prior to the event) are permitted on-board. The host is fully responsible for the actions of the guests and any damages or liabilities they cause.
- We have security cameras set up on the yacht. They provide security, assist the captain/crew in operational purposes (navigation, blind spots, docking, etc.) and record the event so that the guests can purchase footage afterwards.
- All passengers must follow the instructions and commands of captain and crew. Captain has the right to terminate the event in case any guest breaches any material obligation.
- When using third party payment processors (e.g., Stripe and PayPal), you agree to abide by their terms of service.
- Legacy Cruises and Events, LLC shall not be liable for any loss of or damage to your valuables, baggage or personal items onboard our yacht. Scheduled itinerary is subject to delay, modification or port-of-call cancellation due to weather and other causes beyond the control of the Company.
- By chartering our yacht, you represent and warrant that you are physically and otherwise fit to travel; that you will always comply with the directions of the yacht’s officers and medical staff. You will not compromise the safety of the yacht or inconvenience other passengers. You must inform us of any condition which may require professional attention during the cruise. We reserve the right to refuse service, without refund, to any passenger that we, at our sole discretion, deem dangerous, physically or mentally unfit for the trip.
- Children under 18 years of age must be accompanied by a parent or legal guardian.
- Drug use or smoking of any kind is strictly prohibited on the yacht and results in immediate termination of the cruise.
- There are no full medical services onboard. Only limited emergency first-aid provided as convenience to our customers. Legacy Cruises and Events, LLC shall not be liable for any aspect of medical treatment provided to any passenger, even if the passenger was charged for that treatment and/or supplies used for the treatment.
- Weapons are strictly prohibited and are not allowed on the vessel.
- No pets are allowed aboard, except for service animals.
- Fishing, and throwing any material or substance overboard are all strictly prohibited.
- Our Service relies on third party providers. We assume no responsibility for the actions, practices, privacy policies of any third party services that support our Service. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party service.
- Liability:Customer agrees to indemnify, defend, and hold Legacy Cruises and Events LLC, its landlord, premises owners, officers, employees, and agents harmless of and from any liabilities, costs, penalties, or expenses arising out of and/or resulting from the rental and use of the yacht.
- Refundable Security Depositwill be required before the reservation can be confirmed, and shall be refunded after the end of the service, minus any necessary deductions such as damage to the property, furnishings, or neighboring properties; dirt or other mess requiring excessive cleaning; any other non-agreed upon costs incurred by the Company, its agent or neighboring properties as a result of the Customer’s event.
- COVID-19:Participation in a cruise activity includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. All passengers must understand the symptoms of COVID-19 and affirm that they do not currently have, nor have experienced the symptoms within the last 14 days. All passengers affirm that they, as well as all their household members, have neither been diagnosed with COVID19 nor have knowingly been exposed to anyone diagnosed with COVID-19 within the last 30 days. By signing below, you agree to above statements and release Legacy Cruises and Events LLC from any and all liability for the unintentional exposure or harm due to COVID-19.
- CANCELLATION POLICY: A 50% non-refundable payment is required to reserve the yacht for available time slot. Full payment is due 30 days before the day of the event. After that, the full payment is not refundable, unless the Company is able to book the yacht for another event on that date/time, at equal or greater price. In that case, then refundable portion of the customer payment will be refunded after the event date. If the yacht is re-booked for a lesser revenue amount, then the refund is pro-rated.
REMEDIES FOR BREACH OF THESE TERMS
- We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms and Conditions, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, (iii) suspend or terminate any account on our Service (iv) moderate any content submitted to us, (v) take any other action provided for in these Terms and Conditions or available under equity or law.
- Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- THIS SERVICE IS PROVIDED "AS IS". YOU MUST NOT RELY ON ANY INFORMATION PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE. MATERIALS OBTAINED VIA OUR SERVICE ARE WITHOUT ANY WARRANTIES. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIALS OR DATA VIA OUR SERVICE.
- WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We shall not be liable for death, injury, damage, delay or other loss to person or property, if such detriment is caused by Act of God, war, terrorist activities, labor difficulties (whether or not Company is a party thereto), interference by authorities, suppliers’ failures, perils of the sea, breakdowns, fires, or any other cause whatsoever beyond our reasonable control.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; and (iii) your violation of any law.
GOVERNING LAW & JURISDICTION
These Terms and any action related thereto will be governed by the laws of California. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located in San Diego, CA.
- Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Service.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
- Hyperlinks. You may link to our Service, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
- Severability. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- No Waiver. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
- Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
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