General Terms and Conditions for the Platform "Luff Yachting"

1. Introduction

We wish you a warm welcome to the Luff Yachting platform, which consists of the https://luffyachting.com/en/home/ website ("Platform"). These General Terms and Conditions apply to all parts of the Platform and to all references to the Luff Yachting website and services.

These General Terms and Conditions (this "Agreement" or "General Terms and Conditions"), together with all documents incorporated by reference (including the General Terms, Privacy Policy, Data Protection Notice, Data Processing Addendum, Partner Terms, User Terms, Payment and Pricing Terms, Content Rules, Affiliate Terms, Intellectual Property Terms, Platform Rules and Guidelines, and Refund Policy), constitute a legally binding agreement between you, whether as an individual or a legal entity ("you" or "You"), and Luff Yachting, with its registered seat at 109-111, Fulham Palace Road, London, England, W6 8JA, registration number 16994498 (together, "we", "us" or "Luff Yachting").

Luff Yachting operates the "Luff Yachting" platform and related online services available through its official website and applications (the "Platform"). You and Luff Yachting are each a "Party" and together the "Parties".

This Agreement governs your access to and use of the Platform, all services offered through the Platform (the "Services"), any software or technical solutions provided by Luff Yachting, including updates and related documentation (the "Software"). The Platform, the Services and the Software are together referred to as the "Products".

By accessing or using the Platform or any Services, by clicking "I AGREE" or any similar button, or by performing any other action that signifies acceptance physically or digitally, you confirm that you have read, understood, and agreed to be bound by this Agreement. This Agreement constitutes a legally binding basis for any present and future relationship between you and Luff Yachting, whether as a consumer, user, partner, provider, or in any other applicable role, and governs all interactions, transactions, and services provided through the Platform, unless expressly agreed otherwise in writing.

This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter. All agreements made prior to or upon conclusion of the Agreement and all declarations of intent or knowledge (in particular in preliminary discussions or advertising material) will lose all validity upon acceptance of these terms. There are no oral ancillary agreements.

2. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

"Luff Yachting," "we," "us," or "our" refers to the features and services provided through the Luff Yachting platform, including the website, any related mobile applications for captains and customers, and any other branded or co-branded websites, subdomains, international versions, widgets, mobile applications, or mobile-optimized versions currently existing or developed in the future.

"Vendor," "Charter Operator," "Owner," or "you" refers to the individual, agency, or company responsible for offering, delivering, and managing yachting or charter services made available through the Luff Yachting platform.

"Customer," "Guest," or "you" refers to the individual, agency, or company that pays for services provided by a Vendor through the Luff Yachting platform.

"User(s)" or "you" refers to any individual, agency, or company that accesses, advertises on, or otherwise uses any services offered through the Luff Yachting platform.

"Services" refers to the reservation and booking of charter trips through the Luff Yachting platform, enabling Vendors to offer their services for online reservation and allowing Customers to book such services.

"Information" or "Content" refers to all data, materials, and information available on the platform, including Vendor and Customer information, as well as any content submitted, uploaded, or posted by Guests.

"Listing" refers to a Vendor's advertisement or offering of charter services, experiences, or related products that may be purchased, reserved, or used by Guests through the Luff Yachting platform.

"Luff Yachting Direct" or "Luff Yachting Direct Service" refers to a proprietary feature developed and owned by Luff Yachting that allows Vendors to manage calendars, bookings, and payment processing outside the standard Luff Yachting marketplace, and enables Customers to book and pay for services outside the standard platform flow.

"Luff Yachting Direct Terms" refers to the separate legal agreement governing the Luff Yachting Direct Service and defining the rights and obligations of the parties involved. In the event of any conflict between the Luff Yachting Direct Terms and these Terms and Conditions, the Luff Yachting Direct Terms shall prevail.

"Commission" refers to the fee retained by Luff Yachting from the payment made by the Customer at the time of booking. The commission is determined by the Vendor's selected settings and is calculated as a percentage depending on the specific business relationship between a specific Vendor and Luff Yachting, of either the total rent price or the deposit amount, depending on the applicable payment model. Luff Yachting retains the commission for successfully completed bookings or as otherwise provided in the appropriate refund policy. Unless explicitly stated otherwise in the Vendor's commercial agreement with Luff Yachting, Commission is calculated on the Total Boat Price (excluding taxes and pass-through charges), regardless of Payment Mode.

"Crew List" is an official record of all persons who will be on board a vessel during a charter, voyage, or maritime operation. It serves as a legal and operational document that identifies individuals on board for purposes of safety, compliance, security, and regulatory control.

"Security Deposit" refers to the amount paid by the Customer at the time of booking to secure a reservation. Depending on the selected payment model, this may equal the commission (Standard Payment Model), the Vendor-selected deposit amount (Deposit Payment Model), or the full trip price (Full Upfront Online Payment Model).

"Payment Models" refers to the various methods through which Customer payments may be collected via the Luff Yachting platform. These include the Standard Payment Model, Deposit Payment Model, Full Upfront Payment Model, and Remaining Balance Paid via Luff Yachting. Vendors select the available Payment Model(s), which are displayed to Customers during the booking process.

"Online Payment Models" refers to Payment Models in which Luff Yachting collects funds from the Customer and transfers the applicable amounts to the Vendor through an approved payout method (such as Stripe or a bank account). Online Payment Models include the Deposit Payment Model, Full Upfront Online Payment Model, and Remaining Balance Paid via Luff Yachting. This definition excludes the Standard Payment Model, under which only the security deposit is collected by Luff Yachting and the remaining balance is paid directly to the Vendor.

"Standard Payment Model" refers to a payment method in which the security deposit functions as the commission, as set forth by the rules of a specific Vendor, which shall be clearly provided in each specific Listing on the Platform. The security deposit is charged by Luff Yachting on the Vendor's behalf at the time of booking, while the remaining balance is paid directly to the Vendor.

"Full Upfront Payment Model" refers to a payment method in which the Customer pays the full trip price at the time of booking. Under this model, the full amount serves as both the trip payment and the security deposit and is collected by Luff Yachting on the Vendor's behalf prior to the trip.

"Deposit Payment Model" refers to a payment method in which the Vendor selects a security deposit as a percentage of the total trip price. This deposit is collected by Luff Yachting to secure the booking and must be equal to or greater than the applicable commission. The commission is deducted by Luff Yachting, and the remaining amount is transferred to the Vendor.

"Remaining Balance Paid via Luff Yachting" refers to an optional arrangement under the Standard or Deposit Payment Models in which the Customer pays the remaining balance of the trip price through the Luff Yachting platform. These funds are held and transferred to the Vendor in accordance with applicable cancellation and refund policies.

"Payment Method" refers to the payment option selected by the Customer when completing a booking on the Luff Yachting platform, including credit cards, debit cards, or other supported payment methods.

"Payout Method" refers to the method selected by the Vendor to receive funds collected by Luff Yachting, such as a connected bank account or payment processor.

3. Eligibility and Age Requirements

3.1. Age Requirement

The Luff Yachting platform and its services are available only to Guests who are eighteen (18) years of age or older. By accessing or using the platform or any Luff Yachting products or services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into a binding contract. Guests who do not meet these requirements are not permitted to access or use the platform. Luff Yachting shall not be liable for any damages arising from false or misleading age representations.

If you are using the platform on behalf of a company, organization, governmental body, or other legal entity, you represent and warrant that you have the authority to bind such entity. Use of the platform must comply with these Terms and all applicable local, national, and international laws and regulations.

3.2. Skipper Eligibility and Licensing

Any skipper provided for a charter must hold a valid and appropriate license in accordance with: the type of vessel, the country in which the charter takes place, and the requirements of the vessel owner.

If Luff Yachting provides the skipper, it is assumed that the skipper already holds all required licenses, as this is a prerequisite for engagement.

If the Owner provides the skipper, responsibility for possessing a valid license, ensuring its validity, and complying with applicable regulations rests solely with the Owner.

3.3. Bareboat (Charter Without Skipper)

In cases where the vessel is rented without a skipper, the Guest is required to provide an appropriate permit or license, in accordance with local laws and regulations. Luff Yachting bears no responsibility whatsoever for any consequences arising from the Guest's failure to hold, present, or comply with the required permits or licenses, including any refusal of delivery, penalties, damages, or other losses resulting from such non-compliance.

4. Guest Accounts and Registration

To register with Luff Yachting, Guests may be required to provide certain registration details or other information, all of which shall be governed by the Luff Yachting Privacy Policy. By registering with Luff Yachting, Guests represent and warrant that all registration information submitted, including, without limitation, first and last names, email addresses, mobile telephone numbers, nationalities, payment details, ownership information, and any other information provided is true, accurate, complete, and current.

By registering with Luff Yachting or otherwise providing information for its use, Guests represent and warrant that they are of legal age to enter into a binding contract, or, if acting on behalf of a legal entity, that they have full authority to bind such entity to this Agreement and to perform its obligations hereunder. Luff Yachting reserves the right, at its sole discretion and at any time, to refuse service, terminate accounts, and remove or edit content.

Guests are solely responsible for maintaining the confidentiality, security, and accuracy of their registration information. Guests accept full responsibility for all activities, liabilities, and damages arising from the use of their account or password, including any failure to safeguard login credentials. Guests agree that Luff Yachting shall not be liable for any loss or damage resulting from their failure to protect their username, password, or other registration details. Guests further agree to notify Luff Yachting immediately of any unauthorized access to or use of their account, or of any other breach of security in accordance with Section 24. Notices and Communications. Guests also agree to comply with all applicable laws and regulations relating to online conduct and acceptable content.

Luff Yachting reserves the right to withdraw, modify, or amend the Platform, as well as any products, services, or materials offered through the Platform, at its sole discretion and without prior notice. Luff Yachting shall not be liable to Guests if, for any reason, all or any part of the Platform or services is unavailable at any time or for any duration. From time to time, Luff Yachting may restrict access to certain areas of the Platform, or the entire Platform, including access by registered Guests.

Guests are responsible for ensuring that all individuals who access the Website through their device are aware of this Agreement and comply with its terms.

5. Platform Description and Functioning

5.1. Platform Availability

Luff Yachting strives to maintain continuous access to the Platform and related services; however, the Platform and all services are provided on an "as is" and "as available" basis. Luff Yachting does not guarantee that the Platform, its content, Listings, or booking services will be uninterrupted, error-free, secure, or free from delays, interruptions, or outages.

Access to the Platform may be temporarily suspended or limited for maintenance, upgrades, updates, system failures, or other reasons, including circumstances beyond Luff Yachting's reasonable control, such as power outages, network disruptions, cyberattacks, or force majeure events. Luff Yachting will make reasonable efforts to restore access as quickly as practicable but shall not be liable for any downtime or service interruptions.

From time to time, Luff Yachting may modify, restrict, or discontinue portions of the Platform or services, either temporarily or permanently, without prior notice. Guests acknowledge that Luff Yachting shall not be responsible or liable for any loss or inconvenience caused by such changes, unavailability, or interruptions.

Guests are responsible for ensuring that they have the necessary devices, internet connectivity, and software to access the Platform and for taking appropriate measures to safeguard their data during any service interruptions.

5.2. Maintenance and Downtime

Due to maintenance or operational requirements, Luff Yachting reserves the right to modify, update, suspend, or discontinue any part of its Services at any time. Such maintenance or changes may be carried out for security, intellectual property protection, or other reasons at Luff Yachting's sole discretion, and Luff Yachting is under no obligation to provide notice or explanation for these actions. Luff Yachting will use commercially reasonable efforts to ensure that access to its Services is available without interruption. However, availability may be temporarily limited due to scheduled maintenance necessary for the proper operation of the Luff Yachting platform or as a result of circumstances beyond Luff Yachting's control. Luff Yachting does not guarantee uninterrupted or continuous availability of its Services.

6. Services Offered Through the Platform

6.1. Scope of Services

Luff Yachting acts solely as an intermediary on behalf of the Vendor or other principal providing the charter or yachting services. When a Customer makes a booking through the Luff Yachting platform, the Customer enters into a direct contractual relationship with the Vendor, and such booking is subject to the Vendor's own terms and conditions. The Vendor's applicable terms and conditions may be requested directly from the Vendor prior to booking confirmation or may be provided together with the booking confirmation. By confirming a booking, the Customer agrees to be bound by both the Vendor's terms and conditions and these Luff Yachting Terms and Conditions. In the event of any inconsistency between a Vendor's private cancellation policy and the cancellation policy displayed on the Vendor's Luff Yachting Listing, the policy stated on the Listing shall prevail.

By making a rental through Luffyachting.com, you enter into a direct (legally binding) contractual relationship with the boat provider from which you rent a boat. From the point at which you make your rental, we act solely as an intermediary between you and the boat provider, transmitting the details of your rental to the relevant boat provider and sending you a confirmation email on behalf of the boat provider.

From the moment a Customer places a reservation, Luff Yachting's role is limited to acting as an intermediary between the Customer and the Vendor, including transmitting reservation details to the Vendor and issuing booking confirmations on the Vendor's behalf.

While Luff Yachting may, at its discretion, assist Guests in communications or dispute resolution, it expressly disclaims any liability arising from or related to the performance, fulfillment, or execution of the contract between the Customer and the Vendor. Any claims or disputes regarding the services provided must be addressed directly with the Vendor.

Luff Yachting provides an online marketplace and related technology that enables Customers and Vendors to connect and arrange bookings for charter and yachting experiences. Luff Yachting does not own, operate, manage, or control any vessels, crews, equipment, accommodations, or related services offered by Vendors. The platform and Luff Yachting services exist solely to facilitate connections and bookings between Customers and Vendors. Luff Yachting expressly disclaims any and all liability related to charter trips, vessel descriptions, Listings content, or the condition, legality, safety, or suitability of any services offered by Vendors.

As part of its services, Luff Yachting may conduct marketing, advertising, and promotional activities to support Vendors listed on the platform. This may include advertising campaigns across third-party platforms such as search engines and social media, public relations efforts, link building, media placements, and inclusion of Vendor Listings in third-party discovery tools or feeds. Vendors are not required to provide separate consent for such promotional inclusion but may request removal at any time. Vendors represent and warrant that all information provided to Luff Yachting is accurate, current, and does not infringe upon the rights of any third party.

The Luff Yachting platform is intended exclusively for the booking of charter, yachting, and related maritime experiences offered by Vendors. The platform may not be used for purposes unrelated to such services. Luff Yachting disclaims all liability arising from misuse of the platform, including bookings made for unauthorized or unintended purposes. Guests are solely responsible for ensuring that their bookings comply with the intended use of the platform.

6.2. Prohibited Uses

The Platform and Luff Yachting Products and Services may be used solely for lawful purposes and in accordance with this Agreement. Visitors and users of the Luff Yachting Platform agree not to use the Platform or any Luff Yachting Products or Services in any of the following ways:

  • In any manner that violates any applicable local, national, or international law or regulation, including, without limitation, laws governing the export of data or software.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any manner, including exposing them to inappropriate content or soliciting personally identifiable information.
  • To transmit, or cause the transmission of, any unsolicited or unauthorized advertising or promotional material, including "junk mail," "chain letters," or "spam."
  • To impersonate or attempt to impersonate Luff Yachting, a Luff Yachting employee, another Guest, or any other individual or entity, including through the use of misleading email addresses or usernames.
  • To engage in any conduct that restricts or inhibits another person's use or enjoyment of the Platform, or which, in Luff Yachting's sole discretion, may harm Luff Yachting, its Guests, or expose them to legal liability.

Users and Vendors may not bypass the Platform to avoid fees or Commission (e.g., moving a booking off-platform after discovery). Luff Yachting may charge applicable fees/Commission for such bookings and may suspend accounts for circumvention.

Guests and visitors further agree to use the Platform exclusively for legitimate purposes and in full compliance with these Terms of Use, as amended from time to time. Without limitation, Guests and visitors agree not to engage in any of the following prohibited activities:

  • Using the Platform or Luff Yachting Products or Services in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party's use of the Platform or services, including real-time activities.
  • Using any automated system, including but not limited to robots, spiders, scrapers, or offline readers, to access the Platform or Vendor services in a manner that generates more requests than a human could reasonably produce using a standard web browser.
  • Copying, reproducing, distributing, disclosing, or otherwise exploiting any part of the Platform or Vendor services in any medium, including through automated or non-automated scraping, without prior written authorization.
  • Accessing content on the Platform or Vendor services through any means not expressly provided or authorized by Luff Yachting.
  • Using any manual or automated process to monitor or copy material from the Platform for any unauthorized purpose without Luff Yachting's prior written consent.
  • Using any device, software, or routine that interferes with the proper functioning or security of the Platform.
  • Introducing viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material, including the transmission of corrupted data or malicious software.
  • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, its servers, or any systems or databases connected to the Platform.
  • Conducting denial-of-service attacks or distributed denial-of-service attacks against the Platform or Luff Yachting Products or Services.
  • Accessing, tampering with, or using non-public areas of the Platform, Luff Yachting systems, or delivery mechanisms, including the unauthorized collection or harvesting of personally identifiable information.
  • Probing, scanning, or testing the vulnerability of any system or network, or attempting to breach or circumvent security or authentication measures.
  • Accessing or attempting to access the Platform or services by any means other than those expressly provided by Luff Yachting.
  • Forging headers or otherwise manipulating identifying information in emails or postings sent through the Platform or services.
  • Interfering with or disrupting the access or use of the Platform by any User, Guest or Vendor, or compromising system integrity or security.
  • Transmitting spam, chain letters, or other unsolicited communications, or using the Platform or Vendor services for unauthorized commercial solicitation.
  • Committing any action that may interfere with or disrupt the normal operation of the Platform, products, or services.
  • Impersonating another individual, misrepresenting affiliations, engaging in fraudulent conduct, or concealing or attempting to conceal one's identity.
  • Circumventing or attempting to circumvent any measures implemented by Luff Yachting to prevent or restrict access to the Platform or Vendor services, including mechanisms that limit use or protect content.

7. Payments

Luff Yachting may, from time to time, enter into commercial arrangements with vendors that allow it to present negotiated rates for services offered through the Platform. By submitting a booking or reservation request, Guests expressly authorize Luff Yachting to act as a booking intermediary and to arrange reservations on their behalf at the total price displayed on the Website, subject to availability and Vendor acceptance.

Service prices are displayed on the Website for convenience and transparency and are subject to change at any time. Any price changes will not apply to reservations that have already been confirmed by the relevant Vendor. While Luff Yachting takes reasonable steps to ensure pricing accuracy, pricing discrepancies or typographical errors may occasionally occur. In such cases, the final and binding price will be communicated to the customer prior to confirmation of the booking.

Luff Yachting reserves the right to decline or cancel any reservation that is based on an incorrect or erroneous price, regardless of whether a booking confirmation has been issued. Luff Yachting is not obligated to honor inaccurate pricing, including prices that are clearly inconsistent with market rates or the intended service offering.

In the event a pricing error is identified before a reservation is finalized, Luff Yachting may, where feasible, provide the customer with the option to proceed with the reservation at the corrected price. If the customer chooses not to accept the revised price, the reservation will be canceled without charge or penalty.

Certain transactions completed through the Luff Yachting Platform may incur additional charges depending on the payment method selected. Where applicable, any payment processing costs will be clearly itemized during checkout within the pricing summary. These charges reflect the costs incurred in securely processing payments through third-party payment service providers.

Vendors retain full discretion, subject to applicable local laws and regulations, to determine how payment processing costs are allocated. Such costs may be absorbed by the Vendor, shared between the Vendor and the Guests, or passed entirely to the Guest. Where a Vendor elects to pass on or share these costs, that allocation will apply to all bookings made through the Luff Yachting Platform for that Vendor unless and until the Vendor updates their settings.

Luff Yachting may charge a service fee in connection with bookings made through the Platform. This fee contributes to the operation, maintenance, and technical functionality of the Platform, including booking facilitation and support services. Any applicable service fee will be disclosed to the customer at checkout and included in the total price breakdown prior to payment confirmation.

As with payment processing costs, Vendors may determine, in accordance with applicable laws, whether platform service fees are covered by the Vendor, divided between the Vendor and the customer, or charged in full to the customer. Where a Vendor opts to transfer or share responsibility for service fees, that selection will apply uniformly across all of the Vendor's bookings on the Luff Yachting Platform until modified.

Payment methods may differ depending on a specific Listing which is disclosed prior to reservation (for example, Standard Payment Model, Full Upfront Payment Model and Deposit Payment Model).

7.1.

Luff Yachting utilizes a third-party payment processing provider to facilitate payment services on the Platform. By using the applicable payment processing services, Vendors agree to be bound by the terms and conditions of the payment processor's services agreement, as made available to them during account setup or onboarding.

In order to establish and maintain a payment account, Vendors may be required to provide certain information for verification, regulatory compliance, and Know Your Customer (KYC) purposes. Vendors agree to ensure that all information submitted during the account registration and verification process remains accurate, complete, and up to date. Vendors further agree to promptly notify Luff Yachting in writing of any changes to such information in accordance with Section 24. Notices and Communications.

Where verification information changes due to, without limitation, an ownership change or other material circumstances, Vendors acknowledge and accept that payment disbursements may be temporarily suspended until the updated verification process is successfully completed. Vendors further acknowledge that they may be required to re-accept the applicable payment processor's terms and conditions in order to resume payout services.

7.2. The Merchant of Record (MoR)

The Merchant of Record (MoR) for transactions processed through the Platform varies by Payment Model and is designated as follows:

The Vendor is the Merchant of Record for all transactions and remains solely responsible for:

  • Performance and delivery of charter services;
  • Accuracy of Listing descriptions, pricing, and availability;
  • Compliance with consumer protection laws and regulations;
  • Handling customer service, complaints, and disputes regarding service quality;
  • Fulfillment of refund obligations as set forth in Section 8;
  • Cooperation with chargeback investigations and provision of supporting evidence.

Luff Yachting acts solely as a payment facilitator and booking intermediary. Luff Yachting does not assume the obligations, warranties, or liabilities of the Merchant of Record unless expressly stated in writing.

7.9.

While Luff Yachting and Vendors take reasonable steps to ensure pricing accuracy, errors may occur. If a pricing error is identified, whether due to technical malfunction, data entry mistake, or other cause, Luff Yachting reserves the right to:

  • Decline or cancel the reservation, even if a booking confirmation has been issued;
  • Offer the Customer the option to proceed at the corrected price;
  • Cancel the booking without charge or penalty if the Customer declines the corrected price.

Luff Yachting is not obligated to honor pricing that is clearly erroneous or inconsistent with market rates or the intended service offering. Customers will be notified of any pricing corrections before final confirmation whenever practicable.

8. Refunds and Cancellations

8.1. General

Any cancellation must be notified in advance in writing to Luff Yachting by Guests via their Guest account and the cancellation procedure described on the Platform, all in accordance with Section 24. Notices and Communications and per the conditions and time-frame provided in each specific Listing. A cancellation becomes effective only after Luff Yachting sends an email confirming the cancellation.

Having in mind that Luff Yachting acts as an intermediary, the applicable cancellation policy will depend on the specific Vendor and will be clearly displayed on the relevant Listing on the Platform.

8.2. Refunds

In the event of a cancellation where Guests are entitled to a full or partial refund, or a return of their deposit in accordance with this Agreement, Luff Yachting will make every reasonable effort to process the refund as quickly as possible.

Please note that in certain cases, refunds may need to be issued by the Vendor or by a third-party payment service provider facilitating payments on the Platform. Consequently, the timing of the refund may be subject to their internal policies. We kindly encourage Guests to review the specific terms and conditions of the relevant Vendor or payment service provider (as defined in Section 7. Payments), either on their websites or by direct inquiry, to better understand the expected timeframe for receiving the refund.

8.3. Flexible Cancellation Policy

A "Flexible Cancellation Policy" is a special option that allows the Guest to cancel a booking under more favorable conditions than the standard cancellation terms, such as with a longer cancellation period, lower or no cancellation fees, or increased refund eligibility, depending on the specific offer. A cancellation becomes effective when the cancellation is successfully submitted through the Platform (or received by support), and confirmation sent by email. If you do not receive confirmation, you must contact support within 24 hours.

In certain cases, Luff Yachting may offer a Flexible Cancellation Policy, either for an additional fee or free of charge. However, such a policy is not guaranteed for every Listing. When available, the option to obtain a Flexible Cancellation Policy will be clearly and explicitly displayed on the Platform for the relevant listing or during the booking process.

8.7.

Any cancellation must be submitted in writing through the Guest's account on the Platform using the designated cancellation procedure as described in Section 24 (Notices and Communications). Cancellations become effective only after Luff Yachting sends an email confirmation of the cancellation. Verbal, telephonic, or informal cancellation requests will not be processed until formally submitted through the Platform. Customers bear the risk of ensuring cancellation is properly submitted and confirmed.

9. Ratings and Reviews

Luff Yachting evaluates and displays yacht and charter operators on the Platform using a combination of qualitative and quantitative criteria. Placement within Luff Yachting Listings is available only to operators who maintain an active profile on the Platform. The ranking methodology may take into account a variety of factors, including but not limited to services offered, Guest behavior and search activity, customer feedback, historical performance indicators, recognitions, traffic metrics, internal data analysis, and other proprietary ranking inputs.

The ranking framework used by Luff Yachting is designed solely as an organizational and informational tool to assist Guests in navigating available Listings. Rankings should not be interpreted as definitive, objective, or absolute assessments of performance or quality. No charter operator can be designated as universally "best," and any relative positioning on the Platform reflects analytical assessments and subjective evaluations rather than factual determinations. Guests are strongly encouraged to conduct independent research and due diligence before selecting or engaging any operator.

Luff Yachting does not review or evaluate every charter operator in the market. Only operators who have applied for and been accepted onto the Platform are eligible for inclusion in Luff Yachting's analytic review and ranking displays. While the Platform may feature a substantial number of operators, many others have not been assessed or included.

All information presented on the Platform, including rankings, reviews, and Listings, is provided for general informational purposes only. Guests and visitors acknowledge that decisions to engage with any charter operator are made at their own discretion and risk. Guests agree not to hold Luff Yachting, its directors, officers, employees, affiliates, partners, suppliers, or service providers liable for any decisions, actions, or outcomes arising from reliance on information presented on the Platform. Luff Yachting does not endorse, verify, or guarantee the accuracy, completeness, or reliability of statements, descriptions, reviews, comments, or opinions published on the Platform.

Rankings published by Luff Yachting are based on internal methodologies, independent judgment, and evaluative criteria, and do not constitute representations or warranties of accuracy or factual certainty. Rankings are intended to serve as one of several tools Guests may consider when making informed decisions and should not be treated as authoritative or conclusive. To the fullest extent permitted by law, Luff Yachting and any third-party contributors involved in producing rankings disclaim all liability for errors, omissions, or any loss or damage resulting from the use or interpretation of such rankings.

In connection with marketing and promotional activities across various channels, including search engines and digital media platforms, Luff Yachting may use descriptive terms such as "top charters," "best charters," or similar expressions when referencing offerings in specific destinations. Such references apply exclusively to operators and Listings available on the Luff Yachting Platform and do not imply a comparison with or evaluation of all charter service providers operating in those locations.

10. Content, Intellectual Property and Protection of Reputation

10.1. Intellectual Property

No license is granted to the Guest, Vendor or any other party in collaboration with the Platform or Luff Yachting, except as expressly provided in these Terms. Luff Yachting owns all intellectual property rights related to the Service and the Platform, including all software components, design, layout, graphical elements, logos, and overall Platform appearance. Guests must not infringe upon Luff Yachting's intellectual property rights in any manner.

Guests are solely responsible for their Content and shall hold Luff Yachting harmless from any claims arising from such Content, including claims that it infringes third-party rights or violates applicable laws. Guests agree to indemnify Luff Yachting against any resulting damages, losses, or expenses, including reasonable legal fees.

10.2. Protection of Reputation

Each Guest, Vendor, User, and any other person or entity using the Platform agrees that they shall at no time, either during their relationship with Luff Yachting or at any time after the termination of such relationship, engage in conduct which injures, corrupts, demeans, defames, disparages, libels, slanders, destroys, or in any way diminishes the reputation or goodwill of Luff Yachting, its affiliates or subsidiaries, or their respective shareholders, directors, officers, employees, or agents, or the services provided by Luff Yachting, the products offered through the Platform, or any of its other properties or assets, including, without limitation, its computer systems, hardware and software, and its data, or the integrity and accuracy thereof.

11. Privacy and Data Protection

To register with Luff Yachting, Guests may be asked to provide certain registration details or other information, all of which is governed by the Luff Yachting Privacy Policy.

12. Security Measures

Luff Yachting is highly committed to protecting Guests' information. When Guests enter sensitive information (such as social security numbers) on Luff Yachting registration or booking forms, we encrypt that information using secure socket layer (SSL) technology. We follow generally accepted industry standards to safeguard the Personal Information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee absolute security. Guests with questions about the security of our Services may contact us at podrska@luffyachting.com.

Luff Yachting will make any legally required disclosures of a breach of the security, confidentiality, or integrity of our unencrypted electronically stored "personal data" to Guests via email or a prominent posting on the Services, in the most expedient manner possible and without unreasonable delay, consistent with:

  • The legitimate needs of law enforcement; or
  • Any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

13. Third-Party Links and Services

The Services may contain links to third-party services such as third party websites, applications, or ads ("Third-Party Links"). When you click on such a link, we will not warn you that you have left the Platform. Luff Yachting does not control and is not responsible for Third-Party Links. The Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

14. No Endorsement of Listings or Providers

Luff Yachting does not endorse or guarantee any Guest or Listing on the platform. While Guests are required to provide accurate information under these Terms and Conditions, Luff Yachting makes no representations regarding the identity, background, qualifications, or trustworthiness of any User. Luff Yachting does not control, and cannot guarantee, the existence, quality, safety, legality, or suitability of any Listings, Vendors, or the accuracy of any Listing descriptions, Ratings, Reviews, or other User-generated content.

Any references to a User being "verified" or similar language indicate only that the User has completed a verification or identification process and do not constitute an endorsement, certification, or guarantee of the User's identity, background, suitability, or trustworthiness. Similarly, verified images are intended solely to show a photographic representation of a Listing at the time the photo was taken and do not imply approval or endorsement by Luff Yachting. References to awards, badges, or recognitions, such as "Angler's Choice Award" or "PRO Team," reflect fulfillment of specific objective criteria and do not imply endorsement, recommendation, or preference by Luff Yachting.

Any content on the Luff Yachting Platform, including blog posts, promotional materials, Top Lists, or testimonials, is provided for informational or promotional purposes only and does not constitute endorsement, recommendation, or favoritism toward any particular User or Vendor. All recognition is for the platform itself and not a statement about any individual User.

By using the Luff Yachting Platform, Users acknowledge and agree that any claims, damages, or legal remedies arising from the actions or omissions of other Users or third parties must be directed solely at the responsible User or third party. Users agree not to hold Luff Yachting liable for any such actions or omissions, whether online or in person.

15. No Discrimination

Luff Yachting is a global online platform dedicated to connecting guests and charter professionals worldwide. Luff Yachting is committed to fostering an inclusive and respectful community and welcomes all individuals regardless of race, color, ethnicity, national origin, religion, sexual orientation, disability, health status, gender identity, or marital status. Luff Yachting actively promotes equality, mutual respect, and acceptance and expects all parties, Vendors, Guests and Users, to uphold these principles when using the platform and interacting with one another.

Vendors and Customers are strictly prohibited from engaging in discriminatory conduct, including but not limited to the following:

  • Refusing, canceling, or modifying a booking, or imposing different terms or conditions, based on race, color, ethnicity, national origin, religion, sexual orientation, disability, health status, gender identity, or marital status.
  • Posting any Listing, review, or statement that expresses, implies, or promotes a preference for or against any Vendor, captain, crew member, or guest based on any of the protected characteristics listed above.

Luff Yachting recognizes that certain forms of differential treatment are lawful and do not constitute discrimination under applicable civil rights laws. Vendors and Customers may decline, cancel, or reschedule a booking for legitimate reasons that are not prohibited by law and are not based on protected characteristics or closely associated protected classes.

Additionally, Luff Yachting acknowledges that applicable laws, safety standards, and maritime regulations may impose requirements relating to factors such as age, weight, health, physical ability, or other safety-related considerations. Vendors may, acting in good faith and at their reasonable discretion, decline, cancel, or reschedule a booking when necessary to comply with legal obligations, safety regulations, vessel limitations, weather conditions, tidal conditions, or other objective safety concerns. Actions taken for these reasons shall not be considered discriminatory.

If any Listing, review, or Guest-generated content is found to violate this nondiscrimination policy, Luff Yachting reserves the right, at its sole discretion, to edit, remove, or take enforcement action against such content or the responsible Guest. Such actions may include warnings, suspension, or permanent removal from the Luff Yachting Platform.

16. Compliance with Laws and Regulations

All Users, Guests, and Vendors accessing or using the Luff Yachting Platform agree to comply with all applicable local, national, and international laws, regulations, and industry standards in connection with their use of the Platform and the offering, promotion, booking, and performance of services.

Vendors are solely responsible for ensuring that their operations, Listings, vessels, crew, licenses, permits, certifications, insurance coverage, pricing practices, tax obligations, and advertised services fully comply with all applicable maritime, commercial, safety, consumer protection, environmental, labor, data protection, and financial regulations in each jurisdiction in which they operate.

Customers agree to use the Platform and services in a lawful manner and to comply with all applicable laws, regulations, and safety instructions related to their bookings, including but not limited to age requirements, conduct standards, and local maritime or port authority rules.

Luff Yachting acts solely as a technology and booking intermediary and does not independently verify regulatory compliance of vendors unless expressly stated otherwise. The inclusion of a vendor or service on the Platform does not constitute a representation, warranty, or certification by Luff Yachting that such vendor or service complies with applicable legal or regulatory requirements.

Each Guest and Vendor agrees to promptly notify Luff Yachting in accordance with Section 24. Notices and Communications of any investigation, notice of violation, suspension, revocation, or material change affecting their legal or regulatory compliance that may impact services offered or booked through the Platform. Luff Yachting reserves the right, at its sole discretion, to suspend or terminate access to the Platform, remove Listings, withhold payouts, or take other appropriate action where non-compliance is suspected or identified.

To the fullest extent permitted by law, Guests and Vendors agree that Luff Yachting shall not be liable for any losses, penalties, fines, damages, or claims arising from a party's failure to comply with applicable laws or regulations.

16.1. Prohibition of Illegal Charter Operations

Vendors must not offer or perform charter services that:

  • Violate local maritime law or port authority regulations;
  • Operate without required commercial licenses or permits;
  • Exceed vessel capacity limits or safety thresholds;
  • Involve unlicensed or unqualified crew;
  • Breach customs, immigration, or border control requirements;
  • Facilitate illegal activities (smuggling, trafficking, etc.).

Luff Yachting will immediately suspend and may terminate any Vendor found to be operating illegally or in material breach of applicable laws. Luff Yachting may also report such violations to relevant authorities and cooperate with law enforcement investigations.

16.1.2 Customer Compliance Obligations

Customers agree to use the Platform and services lawfully and to comply with all applicable laws, regulations, and safety instructions related to their bookings, including but not limited to:

  • Age requirements and licensing requirements for bareboat charters;
  • Customs and immigration requirements for international travel;
  • Safety briefings and instructions provided by the Vendor;
  • Local maritime regulations and port authority rules;
  • Environmental protection and marine conservation laws.

16.2. Sanctions and Anti-Money Laundering Compliance

Vendors represent and warrant that they and their beneficial owners:

  • Are not listed on any sanctions list maintained by the UK, EU, US, or United Nations;
  • Do not operate in or facilitate transactions with sanctioned countries or territories;
  • Have implemented appropriate AML controls and customer due diligence procedures;
  • Will cooperate with sanctions screening and compliance verification requests.

Luff Yachting and Stripe may conduct ongoing sanctions screening. Vendors flagged by screening tools will have accounts suspended pending investigation and clearance.

16.3. Notification of Compliance Issues

Each Guest and Vendor agrees to promptly notify Luff Yachting in accordance with Section 24 (Notices and Communications) of any:

  • Investigation, notice of violation, or enforcement action by regulatory authorities;
  • Suspension, revocation, or non-renewal of required licenses or permits;
  • Material change affecting legal or regulatory compliance (ownership change, insurance lapse, etc.);
  • Litigation, claims, or disputes that may impact services offered or booked through the Platform.

Luff Yachting reserves the right to suspend or terminate access to the Platform, remove Listings, withhold payouts, or take other appropriate action where non-compliance is suspected or identified.

17. Relationship of the Parties (No Partnership, No Employment)

Nothing in this Agreement shall be deemed to create any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between Luff Yachting and any User, Guest, Vendor, or third party. Each party acts independently and solely in its own name and on its own behalf.

Users and Vendors acknowledge and agree that they are not employees, agents, or representatives of Luff Yachting, and that they have no authority to bind, represent, or act on behalf of Luff Yachting in any manner.

Luff Yachting acts solely as an intermediary platform connecting Guests and Vendors and does not control, direct, or manage the services provided by Vendors. Vendors remain solely responsible for the performance of their services, compliance with applicable laws, and their contractual obligations toward Users and third parties.

18. Limitation of Liability

Under no circumstances shall Luff Yachting, its affiliates, licensors, service providers, employees, agents, officers, managers, or members be liable for any damages of any kind, under any legal theory, arising out of or in connection with a Guest's use of, or inability to use, the Luff Yachting platform, Luff Yachting services, any linked websites, any content on the platform, or any other services or items obtained through the platform or Luff Yachting services.

This includes, without limitation, any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, emotional distress, pain and suffering, death, disability, loss of revenue, loss of profits, loss of anticipated savings, loss of business, loss of use, loss of goodwill, or loss of data, whether arising from tort (including negligence), breach of contract, or otherwise, even if such damages were foreseeable.

19. Indemnification

By accessing or using the Luff Yachting Platform or any related products or services, each customer and vendor agrees to defend, indemnify, and hold harmless Luff Yachting, its affiliates, subsidiaries, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, demands, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or related to their use of the Platform or services.

To the fullest extent permitted by applicable law, customers and vendors further agree to fully indemnify Luff Yachting for any amounts actually paid by Luff Yachting in connection with any claim, dispute, or proceeding arising from or related to such use, notwithstanding any statutory or common law limitations on liability that may otherwise apply.

For purposes of this section, the party providing indemnification (the "Indemnifying Party") agrees to defend and indemnify Luff Yachting (the "Indemnified Party") against all third-party claims, actions, losses, costs, damages, and expenses, including reasonable attorneys' fees, resulting from or arising out of:

  • Any intentional misconduct, negligence, or omission by the Indemnifying Party, including failure to comply with applicable laws, regulations, or licensing requirements;
  • Any breach by the Indemnifying Party of a representation, warranty, obligation, or covenant contained in this Agreement;
  • Any actual or alleged infringement or misappropriation of a third party's intellectual property rights arising from trademarks, content, or other materials provided by the Indemnifying Party;
  • The Indemnifying Party's failure to properly calculate, collect, report, or remit any applicable taxes, fees, or charges in connection with services offered through the Platform;
  • The provision of inaccurate, misleading, or incomplete information in a Listing or offering that results in valid claims of false advertising or consumer deception.

20. Force Majeure

Luff Yachting shall not be liable for, nor deemed to be in breach of this Agreement, for any failure or delay in the performance of its obligations to the extent such failure or delay results from events or circumstances beyond its reasonable control. Such events include, without limitation: natural disasters such as floods, fires, earthquakes, or explosions; electronic, website, application, internet, or telecommunications failures; power outages; governmental actions or restrictions; war, invasion, or hostilities (whether declared or not); terrorist acts or threats; riots or civil disturbances; national emergencies; epidemics or pandemics; lockouts, lockdowns, strikes, or other labor disputes (whether involving Luff Yachting's workforce or otherwise); transportation delays; or the inability or delay in obtaining materials, services, or utilities necessary for performance.

21. Changes to Terms

Luff Yachting reserves the right to revise, update, or modify these Terms and Conditions at any time, at its sole discretion. Any such revisions, updates, or modifications shall become effective immediately upon being posted on the Luff Yachting platform and shall apply to all subsequent access to and use of the platform and Luff Yachting products and services. Notwithstanding the foregoing, any changes to dispute resolution provisions, including those relating to governing law or venue, shall not apply to disputes for which the parties had actual notice prior to the date such changes are posted.

Luff Yachting is not required to provide individual notice of any changes to these Terms and Conditions. Guests are responsible for reviewing this Agreement periodically. Continued access to or use of the platform or Luff Yachting products and services after the posting of revised Terms and Conditions constitutes acceptance of such revisions. Guests are expected to review this Agreement each time they access or use the platform, as all revisions are binding immediately upon posting.

22. Business Transfers/Assignment of Rights

Luff Yachting may sell, transfer, or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, corporate reorganization, sale of assets, or in the event of insolvency or bankruptcy. In such cases, your personal information may be disclosed or transferred as part of the transaction and will remain subject to applicable privacy and data protection laws.

23. Access, Suspension and Termination of Accounts, complaints and support

Guests may be granted access to their accounts on Luff Yachting upon successful registration. Luff Yachting reserves the right to suspend or terminate any account at its discretion, including, but not limited to, cases of violation of this Agreement, misuse of the Services, or suspected fraudulent activity.

Customer support is available 09:00 – 17:00 CET, Monday – Friday, excluding public holidays ("Core Support Hours"). Response times may vary depending on volume and urgency.

24. Notices and Communications

Any notice or other communication required or permitted under this Agreement shall be deemed valid if made in writing and delivered by registered or certified mail (return receipt requested), recognized overnight courier, or similar delivery service, addressed to Luff Yachting at the address specified at the beginning of this Agreement. Except for notices relating to a change of address, which shall take effect upon receipt, all notices shall be deemed given on the date they are dispatched.

All notices, communications, reviews, recommendations, and complaints, including negative feedback, must be submitted electronically to support@luffyachting.com unless otherwise expressly specified in writing by Luff Yachting.

In the case of communication sent to the designated email address, all communications, including cancellation notices, shall be deemed delivered on the day such message has been sent, provided it has been sent during the Core Support Hours as defined in this Section. If a notice or other communication is sent after the Core Support Hours, it shall be deemed delivered on the next business day. Email notices are deemed received when sent; however, processing and responses occur during Core Support Hours.

25. Governing Law and Dispute Resolution

All parties to this Agreement, including Guests, Vendors, and Users, shall use their best efforts to resolve any dispute, claim, or disagreement arising out of or in connection with this Agreement amicably, through good-faith negotiations.

If the negotiation attempts fail within reasonable time, in all cases where arbitration is permitted under the mandatory regulations of the United Kingdom, disputes shall be submitted to arbitration.

In cases where arbitration is not permitted under mandatory regulations of the Republic of Serbia, the competent authority for dispute resolution shall be the appropriate judicial body in the Republic of Serbia, in accordance with the rules on territorial and subject-matter jurisdiction.

Notwithstanding the above, Guests with the status of natural person may have the right to out-of-court consumer dispute resolution in accordance with Section 27.2. Mandatory Notice on Out-of-Court Consumer Dispute Resolution of this Agreement and applicable consumer protection regulations of the United Kingdom.

26. VAT Notice

All prices displayed on the Luff Yachting platform are quoted exclusive of Value Added Tax (VAT) as indicated at the time of booking, given the Vendor's location and applicable tax laws. VAT, where applicable, will be calculated and charged in accordance with the laws of the relevant jurisdiction. Luff Yachting acts solely as an intermediary and is not responsible for the collection, reporting, or payment of VAT on behalf of Vendors, except where required by applicable law.

Vendors are responsible for the correct application and remittance of VAT or any similar sales, service, or consumption tax on the services they provide. Customers are responsible for reviewing the total amount payable, including any VAT or taxes displayed at checkout.

26.1.

All prices displayed on the Luff Yachting Platform are quoted exclusive of Value Added Tax (VAT) unless explicitly stated otherwise. VAT will be calculated and charged in accordance with the laws of the relevant jurisdiction based on: the Vendor's location and VAT registration status; the Customer's location and VAT status (business vs. consumer); the nature and location of the service provided; and applicable reverse charge or place of supply rules.

26.2. Vendor VAT Responsibilities

Vendors are solely responsible for:

  • Determining whether they are required to register for VAT in any jurisdiction;
  • Registering for VAT and obtaining valid VAT identification numbers;
  • Correctly calculating applicable VAT rates for each transaction;
  • Issuing valid VAT invoices or receipts to Customers where required by law;
  • Collecting VAT from Customers and remitting it to the appropriate tax authorities;
  • Filing accurate VAT returns and maintaining proper tax records;
  • Updating their VAT registration information in their Luff Yachting account settings.

Vendors represent and warrant that all VAT information provided to Luff Yachting is accurate and current and agree to indemnify Luff Yachting for any losses arising from incorrect VAT treatment.

26.3.

Luff Yachting acts solely as a payment facilitator and booking intermediary. Luff Yachting is not responsible for Vendors' VAT compliance obligations except where: Luff Yachting is legally designated as the deemed supplier or Merchant of Record under applicable law (e.g., certain EU marketplace rules); or Luff Yachting and the Vendor have entered into a separate written agreement specifying Luff Yachting's VAT collection or reporting responsibilities.

26.4. Invoices and Receipts

Invoices and receipts are generated as follows:

  • For transactions where the Vendor is Merchant of Record: The Vendor is responsible for issuing compliant VAT invoices to Customers;
  • For transactions where Luff Yachting is deemed supplier: Luff Yachting will issue invoices that comply with applicable VAT rules;
  • Luff Yachting may provide automated receipt generation tools to assist Vendors, but Vendors remain responsible for ensuring invoices meet legal requirements.

26.5. Cross-Border Transactions

For cross-border transactions within the UK and EU, special VAT rules may apply, including: UK VAT on services supplied to UK customers; EU VAT under the place of supply rules for services; marketplace facilitator rules that may deem Luff Yachting as the supplier; reverse charge mechanisms for B2B transactions; and import VAT for certain services. Vendors operating across multiple jurisdictions must ensure compliance with VAT rules in each country where they provide services. Luff Yachting may provide guidance and tools to assist with VAT compliance but does not provide tax advice. Vendors should consult qualified tax advisors for specific situations.

26.7. Other Taxes

In addition to VAT, Vendors may be subject to: income tax or corporation tax on charter revenue; payroll taxes for employed crew; tourism or local taxes in certain jurisdictions; withholding tax for cross-border payments; and customs duties for international charters. Vendors are solely responsible for identifying, calculating, collecting, reporting, and remitting all applicable taxes. Luff Yachting provides a platform for commercial transactions but does not provide tax compliance services unless expressly agreed in writing.

27. Consumer Protection Notice

27.1. Exception from Unilateral Withdrawal

Applicable consumer protection laws include:

  • The Consumer Rights Act 2015 (UK);
  • The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (UK);
  • EU Consumer Rights Directive 2011/83/EU;
  • Unfair Terms in Consumer Contracts Directive 93/13/EEC.

In addition, this represents an OFFICIAL NOTICE IN ACCORDANCE WITH THE CONSUMER PROTECTION ACT.

27.2. Mandatory Notice on Out-of-Court Consumer Dispute Resolution

In accordance with Article 151 of the Consumer Protection Act, consumers have the right to out-of-court resolution of consumer disputes.

A consumer may initiate an out-of-court dispute resolution procedure only after previously submitting a complaint or objection to Luff Yachting.

We encourage our Guests to inform themselves about their consumer rights before the competent body for consumer protection of the Republic of Serbia, via its official website or by direct inquiry.

In addition, this represents an OFFICIAL NOTICE IN ACCORDANCE WITH ARTICLE 10 OF THE CONSUMER PROTECTION ACT.

27.4. Information Requirements for Distance and Off-Premises Contracts

In compliance with UK and EU consumer law requirements for distance contracts (contracts concluded online), Luff Yachting provides the following information:

  • Identity and contact details: Luff Yachting Limited, 109-111 Fulham Palace Road, London and e-mail support@luffyachting.com.
  • Main characteristics of services: Charter and booking services as described in each Listing;
  • Total price: Displayed at checkout including all taxes, fees, and charges;
  • Payment arrangements: As set forth in Section 7;
  • Cancellation rights: As set forth in Sections 8 and 27.2;
  • Complaint handling: Via support@luffyachting.com as set forth in Section 24;
  • Duration of contract: As specified in each booking confirmation.

28. Severability

Any waiver by Luff Yachting of a breach of these Terms and Conditions shall not be deemed or construed as a waiver of any subsequent or continuing breach. If any provision of these Terms and Conditions, or the application of any provision to any person or circumstance, is determined to be invalid or unenforceable to any extent, such invalidity or unenforceability shall not affect the remaining provisions or their application to other persons or circumstances. All remaining provisions shall remain in full force and effect and be enforced to the maximum extent permitted by applicable law.

29. No Party Beneficiaries

Nothing in these Terms and Conditions is intended to, or shall be interpreted to, grant any rights or benefits to any person or entity other than the parties to this Agreement. Accordingly, no third party, including but not limited to any employee, agent, contractor, officer, shareholder, member, manager, or former representative of a User, shall have any rights or remedies under these Terms and Conditions.

30. Insurance

Luff Yachting undertakes to require its partners and Users to maintain appropriate insurance coverage. Based on information received from the third party provider, each vessel is covered by hull insurance (kasko), which protects against damage to the vessel itself.

Regarding the insurance coverage for the skipper, especially in cases where Luff Yachting provides the skipper to the Guest. In such instances, Luff Yachting ensures that the skipper is properly insured.

Luff Yachting aims to provide a safe and insured travel environment. However, while Luff Yachting requires specific types of insurance from Vendors and sets standards, it does not verify the specific content of such insurance policies or their validity, nor does it provide any guarantee or assume liability for damages arising from any insurance matter.

31. Crew List

31.1. Requirements

A complete Crew List is mandatory for every charter, without exception. The Crew List must be finalized prior to each trip and presented for verification by the relevant local port authorities or police on the day of departure. Only individuals listed on the Crew List are authorized to be on board the vessel.

31.2. Crew Changes

Any addition or removal of crew members during the charter constitutes a crew change. All crew changes must be officially recorded and may be subject to additional fees.

31.3. Submission Deadlines

The Crew List must be submitted in advance. Submission deadlines ultimately depend on the vessel owner or vendor and will be specified in each charter Listing. Guests are responsible for providing complete and timely information in accordance with these requirements.

Specific deadlines and requirements may vary by jurisdiction and vessel Owner or Vendor. Guests are urged to review the requirements applicable to the relevant jurisdiction as specified in each charter Listing. Guests are responsible for providing complete and timely information in accordance with these requirements.

31.4. Required Information

For each crew member, Guests must provide all information requested by Luff Yachting or its authorized Vendors such as:

  • Full legal name (as appears on passport or identity document);
  • Date of birth;
  • Nationality;
  • Passport or national identity card number;
  • Passport/ID expiration date;
  • Any additional information required by local maritime authorities.

31.5. Verification by Luff Yachting

Luff Yachting ensures that all required fields in the Crew List are completed and no fields are left blank. However, Luff Yachting does not verify the accuracy or validity of the information provided. Guests bear full responsibility for the correctness of all data submitted. Luff Yachting shall not be liable for any errors, omissions, or inaccuracies in the Crew List, nor for any consequences resulting from them such as:

  • Denial of vessel delivery by the Vendor;
  • Refusal of departure clearance by port authorities;
  • Fines or penalties imposed by authorities;
  • Forfeiture of charter fees.

31.6. Consequences of Non-Compliance

Failure to provide a complete Crew List will result in the vessel not being delivered ("No Crew List - No Boat", as a relevant industry standard). Luff Yachting shall not be liable for any losses, damages, or costs arising from incomplete, late, or inaccurate Crew Lists.

32. Specific Guest Requirements and Inclusion

At Luff Yachting, we recognize and respect that some of our Guests may have disabilities or specific accessibility needs and may require additional equipment or particular vessel features in order to fully enjoy their boating experience. We are committed to fostering an inclusive environment and to welcoming all Guests with care and respect.

Availability of accessible features and specialized equipment depends on our Vendors, vessel types, locations, and timing, and therefore certain specific accommodations may not always be available for every trip.

We encourage you to contact us in advance, in accordance with Section 24. Notices and Communications, to inform us of any accessibility requirements. Luff Yachting will use reasonable and good-faith efforts to assist in identifying vessels, services or Listings that may better match your needs. However, due to the nature of maritime operations and third-party providers, we cannot guarantee the availability of any particular accommodation or feature.

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