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Terms of Service
Effective Date: April 23, 2025 These Terms of Service (“Terms”) govern access to and use of www.feelingyachty.com (the “Site”), and any related pages, checkout flows, forms, communications, or services offered through the Site (collectively, the “Services”). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.1. Definitions
- “Holding Company,” “Feeling Yachty,” “we,” “us,” “our,” “Company” means Feeling Yachty S.A., a company incorporated in the Republic of Panama, acting as the holding company for the Feeling Yachty brand and related intellectual property, and its permitted assigns.
- “User,” “you,” “your” means any person or entity accessing or using the Site or Services.
- “Network Partner” means a third-party business or individual that is part of the Feeling Yachty partner network (including charter operators, yacht owners, captains, crews, brokers/agents where legally permitted, concierge operators, marina/shore vendors, and/or payment/processing partners) that may manage listings, operations, communications, and/or fulfillment of services requested through the Site.
- “Charter Provider” means the Network Partner(s) that owns, operates, captains, crews, charters, manages, or otherwise provides the vessel and/or on-water services for a specific booking or request.
- “Payment Partner” means a Network Partner and/or third-party payment processor/merchant-of-record service that processes payments and/or collects funds related to requests made through the Site.
- “Listing” means any vessel, product, service, itinerary, or offer displayed on the Site, whether created by the Company, a Network Partner, or both.
2. Use of Website
This Site is provided for informational and commercial purposes related to products and services offered under the Feeling Yachty brand. You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others, interfere with Site functionality, attempt unauthorized access, introduce malicious code, scrape the Site without permission, or misuse forms, messaging, or checkout systems.3. Corporate Information / Holding Company
Feeling Yachty S.A. is the holding company for the Feeling Yachty brand and operates the Site. Listings, operational fulfillment, and payment processing may be managed and performed by Network Partners affiliated with the Feeling Yachty network as described in these Terms.4. Intellectual Property
All content made available on or through the Site—including text, graphics, logos, images, videos, designs, software, and the compilation thereof, as well as domain names and trademarks (collectively, “Content”)—is owned by or licensed to Feeling Yachty S.A. and is protected by applicable intellectual property laws. Unauthorized use, reproduction, modification, distribution, public display, or exploitation of any Content is prohibited without prior written permission from the Company. Network Partners may provide certain materials (e.g., photos, descriptions). Such materials remain the property of their respective owners, and are used under license or permission.5. User Submissions
Any information or materials you submit through the Site (including contact forms, booking requests, reviews, comments, messages, and files) (“Submissions”) may be used by the Company and/or Network Partners to operate the Services, respond to inquiries, coordinate requests, and—if you consent where required—send marketing communications. You represent and warrant that your Submissions are accurate to the best of your knowledge, do not violate any law or third-party rights, and are not unlawful, defamatory, harassing, obscene, or infringing. You remain solely responsible for your Submissions.6. Listings; Product & Service Descriptions
Listings may be created, supplied, or managed by Network Partners. We attempt to present accurate descriptions, images, availability, and pricing; however, we do not warrant that Listings or other Content are complete, current, available, lawful in every jurisdiction, or error-free. Errors may occur. We and/or Network Partners may correct, update, suspend, or remove Content at any time without notice, including after a request is submitted, to the extent permitted by law.7. Payments and Transactions (Partner Network Model)
Payments for charter-related services and other offerings requested through the Site may be processed through Payment Partners.- Network Partner Management. You acknowledge and agree that Listings, vessel operations, and fulfillment are managed by Network Partners affiliated with the Feeling Yachty network. The applicable Charter Provider(s) for your booking is/are the Network Partner(s) responsible for providing the vessel and on-water services.
- Holding Company Role. Feeling Yachty S.A. is a holding company and brand/technology operator. Unless explicitly stated in writing for a specific service, the Company does not own, operate, manage, captain, crew, charter, or broker vessels.
- Payment Processing. Payment Partners act as payment facilitators and/or limited collection agents to receive funds for the benefit of the applicable Charter Provider(s) and other Network Partners, as applicable. Processing, timing of settlement, chargeback handling, and payment method availability may vary by Payment Partner.
- Contracts & Responsibility. Charter performance, vessel condition, crew conduct, safety, permits, insurance, compliance, itinerary, and all operational obligations are the responsibility of the applicable Charter Provider(s). Any issues, incidents, disputes, or claims related to the charter itself are between you and the Charter Provider(s), subject to Section 14.
8. Refunds, Cancellations, and Rescheduling
Refund, cancellation, weather, rescheduling, no-show, late-arrival, damage, deposit, and incidentals policies are set by the applicable Charter Provider and/or shown on the Listing and/or checkout flow. You are responsible for reviewing and accepting those terms prior to booking. The Company is not responsible for enforcing, guaranteeing, or funding refunds, except to the extent expressly required by law. Where a Payment Partner is involved, refunds (if any) may be issued through the same Payment Partner and method originally used, subject to processing times and provider rules.9. Role of Feeling Yachty / Concierge and Coordination Only
- Platform and Coordination. The Company provides a platform for discovery and coordination. The Company may route inquiries, relay messages, assist with scheduling, and facilitate communications between Users and Network Partners.
- Not a Vessel Operator. The Company is not a vessel operator, carrier, captain, crew provider, insurer, or safety authority.
- Network Partners. Network Partners are third parties who may be “affiliated” with the Feeling Yachty network through commercial relationships; however, they are not subsidiaries of the Company and are not authorized to bind the Company unless expressly authorized in writing.
- No Verification. The Company does not verify ownership, licensing, permits, insurance, seaworthiness, maintenance, safety equipment, crew qualifications, or legal compliance of any Charter Provider, vessel, or Network Partner. Users must conduct their own due diligence.
- No Fiduciary Duty. Users expressly waive any claim that the Company or any Payment Partner acts as a fiduciary, agent, or licensed broker for the User.
10. No Warranties
All services, Content, and Listings are provided “as is” and “as available”, without warranties of any kind, whether express or implied. The Company disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, safety, seaworthiness, availability, accuracy, or non-infringement.11. Limitation of Liability
To the fullest extent permitted by law, Feeling Yachty S.A., its officers, directors, employees, contractors, and any Payment Partners shall not be liable for any direct, indirect, incidental, consequential, punitive, exemplary, or special damages arising from or related to:- use of the Site or Services,
- reliance on Listings or Content,
- acts or omissions of Network Partners, Charter Providers, captains, or crew,
- the condition, operation, legality, or safety of any vessel, or
- disputes between Users and Network Partners/Charter Providers.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, and Payment Partners from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site or Services, your participation in any charter or service, your interactions with Network Partners, or your violation of these Terms or applicable law.13. Third-Party Links
This Site may contain links to third-party websites or services. The Company is not responsible for the content, availability, or practices of third parties. Visiting third-party sites is at your own risk.14. Termination of Access
The Company reserves the right to suspend or terminate access at any time without notice if conduct is believed to violate these Terms or pose risk to the Company, Users, Network Partners, or the Site.15. Governing Law; Exclusive Venue; Dispute Resolution
These Terms and any dispute, claim, or controversy arising out of or relating to the Site, Services, Listings, payments, communications, charters, cancellations, refunds, chargebacks, or interactions with Network Partners (each, a “Dispute”) shall be governed by the laws of the Republic of Panama, without regard to conflict-of-law rules.- Exclusive Venue (Panama City). Any Dispute shall be brought and resolved exclusively in Panama City, Republic of Panama, and the parties irrevocably submit to the exclusive jurisdiction and venue of the competent courts located in Panama City.
- Waiver of Jury and Class Actions. To the maximum extent permitted by law, you waive any right to a jury trial and agree that Disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
- Injunctive Relief. Notwithstanding the foregoing, the Company may seek injunctive or equitable relief in Panama City courts to protect its intellectual property, confidential information, or to prevent misuse of the Site.
16. Modifications
These Terms may be updated at any time. Continued use of the Site constitutes acceptance of the revised Terms.17. Contact
Questions about these Terms may be directed via the Site’s contact form or email: [insert email address].18. SMS / Text Messaging Terms
By providing a phone number and opting in (e.g., at checkout, via subscription, or by texting a keyword), you agree to receive recurring SMS messages, including:- Appointment reminders
- Order confirmations and updates
- Promotions, events, and marketing offers
