Terms & Conditions
Last updated: March 29, 2023
1. Introduction
Welcome to ToneShadeBrush ("we," "us," or "our"). Your use of our yacht charter services as well as the website at toneshadebrush.sbs (the "Service"), which is administered by ToneShadeBrush, is regulated by these Terms & Conditions ("Terms").
By confirming a charter or using our Service, you accept these Terms. Should you not agree with any section of these terms, you are not permitted to use the Service.
2. Service Overview
ToneShadeBrush offers exclusive yacht charter services that include, but are not limited to:
- Daily yacht hire
- Evening cruises
- Business retreats
- Private gatherings
- Extended charters
Service availability is contingent on several factors and we reserve the right to alter or cease services without prior notice.
3. Booking and Reservations
3.1 Booking Process
To secure a charter, you must:
- Have reached the age of 18 or older
- Supply truthful and complete information
- Remit the necessary deposit detailed in your booking confirmation
- Consent to these Terms & Conditions
3.2 Confirmation
Bookings are only deemed confirmed once payments have been processed and we've sent written acknowledgment. We have the prerogative to decline service to any individual at our discretion.
3.3 Availability
Charters are contingent on the availability of vessels and favorable weather conditions. We will strive to meet your requested dates and times as closely as possible.
4. Payment Terms
4.1 Pricing
All quoted prices are in £ and cover applicable taxes unless indicated otherwise. Prices may be adjusted without prior notice.
4.2 Payment Schedule
- Deposit: 50% of the total charter cost payable upon booking
- Final payment: To be made 48 hours ahead of the charter departure
- Incidental expenses (if any): Settlement required after the charter's completion
4.3 Payment Methods
We accept a variety of payment methods including major credit cards, wire transfers, and certified checks. All payment transactions are processed through secure, encrypted systems.
5. Cancellation and Refund Policy
5.1 Customer Cancellations
- In excess of 72 hours before departure: Full reimbursement excluding handling fees
- Within 24-72 hours of departure: 50% reimbursement
- Less than 24 hours prior to departure: No reimbursement
5.2 Weather Cancellations
If our captain deems weather conditions unsafe, we will offer:
- A rebooking to an alternative available date at no extra charge
- A complete refund if it is not possible to reschedule
5.3 Mechanical Issues
If mechanical difficulties arise with the assigned vessel, we will attempt to designate an appropriate replacement. Should no alternatives exist, we shall provide a full refund.
6. Safety and Conduct
6.1 Safety Requirements
All guests are required to:
- Adhere to instructions given by the crew
- Use the provided safety gear when necessitated
- Inform us of any medical conditions that may impact safety
- Stay within designated areas on the vessel
6.2 Prohibited Items
The following articles are forbidden onboard:
- Glass containers
- Prohibited substances
- Guns or other weapons
- Excessive substances (beyond reasonable usage)
- Pets (unless with prior approval)
6.3 Conduct
Behavior of passengers should be respectful at all times. We possess the authority to terminate a charter without a refund if a passenger's conduct endangers safety or interrupts the experience for other patrons.
7. Liability and Insurance
7.1 Our Liability
We limit our liability to the cost you paid for the charter. We are not accountable for:
- Injuries incurred due to passenger carelessness
- Loss or damage of personal possessions
- Indirect, incidental, or punitive damages
- Delays occasioned by weather or events out of our control
7.2 Insurance Coverage
We hold comprehensive marine insurance that covers our fleet and operational activities. It is the responsibility of our patrons to arrange for their own travel and personal insurance.
7.3 Assumption of Risk
By choosing to participate in our charter services, you recognize that activities at sea carry intrinsic dangers and you accept responsibility for your personal safety and welfare.
8. Modifications and Itinerary Changes
We hold the right to make adjustments to itineraries, routes, or schedules due to weather conditions, safety protocols, or operational demands. We commit to providing equivalent alternative experiences whenever necessary.
9. Force Majeure
We shall not be responsible for delays, cancellations, or changes stemming from situations beyond our control, which include, but are not limited to:
- Extreme weather events
- Natural calamities
- Regulatory directives
- Shut down of harbors
- Technical failures
10. Privacy and Data Protection
Your private data is managed according to our Privacy Policy. In utilizing our services, you agree to our gathering and use of your information as outlined within our Privacy Policy.
11. Intellectual Property
The contents on our site such as text, visuals, trademarks, and images, are safeguarded by copyright and intellectual property laws. You are not permitted to copy, distribute, or create derived works without official consent from us.
12. Governing Law
The applicable laws of United Kingdom govern these Terms. Disputes are to be settled in the courts situated in Portsmouth, United Kingdom.
13. Changes to Terms
We hold the authority to revise these Terms at any given time. Amendments will be displayed on our website with an updated revision date. Your continual use of our services signifies an agreement to the revised terms.
14. Contact Information
If you have any inquiries regarding these Terms & Conditions, please contact us at:
ToneShadeBrush
Port Solent
Portsmouth PO6 4TP
United Kingdom
Phone: +44 23 9221 0600
Email: [email protected]