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Terms and Conditions

Terms. Client (“Charterer”) accepts these Terms and Conditions (“Terms”) by signing and/or accepting Machena&Partners LLC’s (“LuxeLife Yacht Charters Chicago”) proposal, by instructing LuxeLife Yacht Charters Chicago to provide Charterer with services, or by paying for LuxeLife Yacht Charters Chicago’s services. No additional or different terms, conditions, or warranties, oral or written, other than those identified in a Proposal, will be binding on LuxeLife Yacht Charters Chicago unless made in writing and signed by LuxeLife Yacht Charters Chicago. Charterer and LuxeLife Yacht Charters Chicago may be referred to individually as “Party” or collectively as “Parties”.

  1. Proposal. LuxeLife Yacht Charters Chicago provides bareboat charter services as detailed on its Website  (“Website”). The Website lists all the “Services” which include the “Vessel”, any additional equipment, tableware, pick-up place, and date, as well as the service fee (“Fee”) and any other applicable fees (all together “Proposal”). In the event of any inconsistency between these Terms and the Proposal, these Terms will control.

  2. Bareboat Services. Charterer expressly acknowledges that the Services are on a bareboat basis, meaning that Charterer is responsible for the Vessel, their guests, all passengers, and invitees, for hiring their captain and crew, for supplying their own food & beverage, and Charterer will comply with all laws, regulations, and other applicable recommendations.

  3. Vessel will be as described on the Website. The Vessel may NOT carry more than twelve (12) passengers and is deemed to be provided to Charterer in clean and good repair condition unless Charterer or its Captain notifies (by email) LuxeLife Yacht Charters Chicago of the contrary with photo evidence, immediately upon delivery. Vessels may include other equipment such as floating lily pads and/or inflated paddle boards for which Charterer is also responsible. No pets are allowed.

  4. Captains. Only an accredited US Coast Guard Captain may operate the Vessel, whether or not such Captain has been selected by Charterer from LuxeLife Yacht Charters Chicago’s suggested list. Charterer must confirm in writing, at least seven (7) business days before the Rental Period, that it has contracted the services of a duly licensed US Coast Guard Captain for the Rental Period and, if the selected Captain is not in the list provided by LuxeLife Yacht Charters Chicago, Charterer will provide LuxeLife Yacht Charters Chicago with the Captain’s resume and license number.

  5. Term and Termination. Once Charterer selects the date and time of the Services (“Rental Period”), lists the number of passengers, agrees with the Proposal, and pays the Fee, Charterer will not be entitled to reimbursement of any payments already made except as expressly provided in those Terms, and will not be released from any further payments which may be due as detailed in those Terms.

  6. Termination by LuxeLife Yacht Charter Chicago. LuxeLife Yacht Charters Chicago reserves the right to terminate the Services and not have any further obligations under these Terms if Charterer fails to comply with any provisions of these Terms and/or with any other obligations. LuxeLife Yacht Charters Chicago may terminate the Services in case (i) Charterer fails to provide the required Captain’s information within the timeframe specified above, (ii) Captain’s credentials are not acceptable, or (iii) Charterer or any passengers fail to sign the Liability Waiver before the Rental Period. In such cases, Charterer acknowledges that only fifty percent (50%) of the Fee will be reimbursed to Charterer.

  7. Booking Adjustments. Requests for any changes, revisions, or additions to the Services (included but not limited to change of Rental Period and Vessel) must be made in writing via email to  bookings@luxelifeyacht.com  and may result in an increased fee. A new date or other changes will be deemed accepted only if LuxeLife Yacht Charters Chicago provides written confirmation. Revisions may not be accepted if done three (3) business days or less before the Rental Period. LuxeLife Yacht Charters Chicago will make reasonable efforts to accommodate these changes but may refuse any such changes at its own discretion and terminate the Proposal. No refund is due. Any revisions are subject to the confirmation of a new contract with a duly licensed US Coast Guard Captain.

  8. Weather. LuxeLife Yacht Charters Chicago reserves the right to cancel the Services in case it considers, at its own discretion, the weather to be non-charterable, be it because of large waves, heavy rains, thunderstorms, heavy winds, or other conditions. In this case, rescheduling (at no additional costs) must be done by Charterer within twelve (12) months of the Rental Period, subject to Services availability. Charterer acknowledges that any other weather conditions such as, without limitations, cloudy weather, light rain, or passing storms are deemed charterable conditions.

  9. Cancellation. Cancellation by Charterer for any reason more than three (3) days before the Rental Period, including if due to an event outside the control of Charterer, is subject to a five percent (5%) cancellation fee which will be automatically deducted from the reimbursement of the Fee. Cancellations made three (3) days or less before the Rental Period will automatically result in the loss of the total Fee. Any cancellation must be made in writing via email to  bookings@luxelifeyacht.com.

  10. Payments. Payments will be made by credit card, Zelle, or Venmo. Charterer agrees to provide LuxeLife Yacht Charters Chicago with a valid credit card number when accepting the Proposal and Charterer understands and expressly agrees that such credit card will be automatically charged with:

    • Any additional charges such as Late Fees, cost of replacement, and/or Damage Fee as detailed in those Terms.

  11. Charterer’s Obligations

    1. Operation and maintenance. In accordance with Section 3 above, Charterer will be responsible for the Vessel during the rental Period. Charterer will comply with all laws and regulations whilst operating and using the Vessel and will return it in the same condition and good repair as when received. Charterer will ensure that none of the passengers will impair the proper operation of the Vessel and will not tamper with the Vessel, the instruments, the engine, or any other equipment. Charterer assumes all risks of loss and damages to the Vessel from any cause whatsoever. In case of a breach of this maintenance obligation, a Damage Fee will apply to cover any cost of repair by a third party selected by LuxeLife Yacht Charters Chicago and a fee of one thousand five hundred dollars ($1,500) per day calculated over the period of time the Vessel may not be rented. The Damage Fee will be automatically charged on Charterer’s credit card.

    2. Lateness. Charterer will return the Vessel on time and at the place mentioned in the Proposal or as otherwise agreed in writing by LuxeLife Yacht Charters Chicago. In case of delay or misplacement of the Vessel, Charterer will be charged an additional amount based on the Fee prorated per hour necessary to have the Vessel back in the agreed place (“Late Fee”). The Late Fee will be automatically charged on Charterer’s credit card.

    3. Others. Charterer must ensure that no red wine, glass tableware, weapons, or other inflammable or hazardous items are brought onto the Vessel. Charterer must ensure that upholstered items are not damaged, or returned with any strong scents, including without limitations from smoke (whether from tobacco, cannabis, or other). In case of any damage or strong smells, the Damage Fee detailed in Section 12.1 above will apply. If any equipment (including without limitations, boat equipment, tableware, instruments etc.) provided by LuxeLife Yacht Charters Chicago is missing at the end of the Rental Period, Chartered will be charged for the cost of replacement. This will be automatically charged on Charterer’s credit card.

  12. Warranties and Liabilities. Charterer acknowledges and accepts the Vessel and the Services “AS IS”. LuxeLife Yacht Charters Chicago does not make any warranties or guarantees, express or implied, as to the Services, Vessel, or results from either (including but not limited to any implied warranty of merchantability, durability, or fitness for a particular purpose). LuxeLife Yacht Charters Chicago will not be liable for any incidental, special, punitive, or consequential damages arising out of or in connection with the Services or the Vessel.

  13. Liability Release. Charterer and any other passenger participating in the Services do voluntarily agree to participate in the Services and will use the Services at their sole risk. Charterer voluntarily assumes the risk and danger of injury or death inherent to the use of the Services and to release  LuxeLife Yacht Charters Chicago, its owners, agents, employees, officers, members, premises owners, insurers from legal liability due to any ordinary negligence and further agree to not bring any claims, demands, legal actions and causes of action, against LuxeLife Yacht Charters Chicago, its owners, agents, employees, officers, members, insurers, for any economic and non-economic losses due to bodily injury, death, property damage, sustained by Charterer, any minor passenger they are responsible for, any of its employees, invitees, guests, or other passengers in relation to the Vessel and the Services. Charterer agrees to not use the Services without providing LuxeLife Yacht Charters Chicago with a Liability Waiver signed by Charterer and each of the passengers. Charterer expressly agrees that minors must be supervised at all times and are required to wear life jackets at all times, passengers under the influence of alcohol or drugs must be assisted and may not swim. LuxeLife Yacht Charters Chicago is not responsible for any lost or damaged personal items of Charterer or of any passengers and Charterer expressly agrees that LuxeLike Yacht Charters Chicago is entitled to remove and/or destroy any items left on the Vessel after the Rental Period.

  14. Limited Liability. If Charterer notifies LuxeLife Yacht Charters Chicago immediately upon delivery of the Vessel of any issues regarding the state of the Vessel (cleanliness or good repair) in accordance with Section 3 above, and if LuxeLife Yacht Charters Chicago agrees in writing with Charterer’s claim, LuxeLife Yacht Charters Chicago sole responsibility will be to reschedule the Rental Period. In this case, rescheduling must be done by Charterer within twelve (12) months of the Rental Period, subject to Services availability. If Charterer does not notify LuxeLife Yacht Charters Chicago immediately upon delivery, the Vessel will be deemed accepted. In the case of malfunctioning of the Vessel during the Rental Period, for a reason other than Charterer’s or any passengers’ or Captain’s fault or negligence, LuxeLife Yacht Charters will reimburse the Fee less the cost of fuel already used.

  15. Total Liability. LuxeLife Yacht Charters Chicago’s total liability hereunder for any damages, regardless of the form of action, will not exceed the Fee paid for Services.

  16. Indemnification. Each Party (“Indemnifying Party”) agrees to indemnify and hold harmless the other Party and its officers, managers, members, agents, representatives, employees, guests, invitees, and affiliates from and against all claims, demands, fines, causes of action, judgments, liabilities, lawsuits, costs and expenses, including, without limitation, attorneys’ and paralegals’ fees, arising out of or related to (i) the activities performed by the Indemnifying Party and its guests or invitees, (ii) a breach by the Indemnifying Party of any term, warranty, or provision in these Terms, and (iii) the Indemnifying Party’s failure to comply with the law.

  17. Intellectual Property and Marketing.  Charterer grants LuxeLife Yacht Charters Chicago the right to use Charterer’s name, logo, and likeness for any marketing purposes, including, but not limited to, use on LuxeLife Yacht Charters Chicago’s website and social media accounts, provided that Charterer may set certain reasonable criteria for such use.

  18. General

    1. Force Majeure. LuxeLife Yacht Charters Chicago will not be liable to Charterer for any breach of these Terms caused by events beyond LuxeLife Yacht Charters Chicago control, including, without limitation, failures or delays in transportation or communication; natural disaster; media or publication issues; complications caused by pandemics, emergency orders, or public safety guidelines; failures or substitutions of equipment; accidents; shortages of materials or equipment; or technical failures. LuxeLife Yacht Charters Chicago will make its best efforts to remedy such breach as soon as reasonably possible after the force majeure circumstances that prevented compliance is abated.

    2. Notices. Notices will be given in writing via email to the email addresses mentioned in the Proposal.

    3. Counterparts. Each Proposal may be executed in multiple counterparts, each of which will constitute an original and together constituting one agreement, and/or may be entered into by e-signatures.

    4. Severability. If a court or arbitrator concludes that any provision or wording of these Terms is unenforceable under applicable law, it will not invalidate the entire Terms and Conditions. The unenforceable provision will be modified as little as possible but sufficiently to make it valid or enforceable. If such provision cannot be so limited, it will be severed from these Terms and Conditions and the remainder will remain valid.

    5. Waivers. Any express or implied waivers of any provision of these Terms will not be construed as future waivers of such provision.

    6. Assignment. Charterer may not assign any Proposal or Services without the written and signed consent of LuxeLife Yacht Charters Chicago. The benefits and obligations in each Proposal will be binding upon the Parties’ respective successors and assigns. Each Proposal will transfer to the resulting entity in the event of any acquisition or merger by or of either Party.

    7. Applicable Law. These Terms and Conditions and any Proposal will be governed by and construed in accordance with Illinois law, without regard to the principles of conflicts of law.

    8. Dispute Resolution. If a dispute arises, the Parties will enter into good faith negotiations. If such negotiations fail to settle the dispute within thirty (30) days, the dispute will be settled solely by confidential binding arbitration in Cook County, IL. The arbitrator will be appointed in accordance with the American Arbitration Association’s Commercial Arbitration Rules. The Parties will split the costs of arbitration, except that the arbitrator may (and will, where there is one prevailing party) award costs and attorneys’ fees in its decision.

 

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