BOOKING TERMS AND CONDITIONS
Please read these booking terms and conditions carefully; they form an important part of the contract for your charter package.
All charter packages advertised in our brochures and on our website are operated by Salty Fox LLC with an address for the administration of paperwork at 2444 55th Ave SW, Seattle, 98116, USA. All references to "Salty Fox LLC", "Salty Fox", "the Company", "we", "us" or "our" is a reference to Salty Fox LLC and its affiliates, owners, officers, agents, and employees, as well as the named yacht or substitute yacht, including its master and crew.
Your use of Salty Fox's products, software, services, and website (collectively "Services") is subject to the terms of this Terms of Use Agreement (this "Agreement").
By using the Services, you are agreeing to and are subject to the following terms and conditions, as well as our Privacy Policy, herein incorporated by reference (collectively, the "Terms"). If you do not agree to all of the Terms you are not authorized to use Salty Fox's Services. You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by Salty Fox in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that Salty Fox treats your use of the Services as acceptance of the Terms from that point onward.
1. Itineraries
The dates and itineraries that we provide are indicative only and subject to change.
2. How to Book
2.1 To make a booking you can use our website or contact us either directly over the phone by calling the number on our website or via our website at www.saltyfoxjourney.com. The person making the booking (the "Lead Charterer") must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. Whether you book alone or as a group, we will only deal with the Lead Charterer in all subsequent correspondence, including changes, amendments, and cancellations. The Lead Charterer is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of all Passengers and for passing on any information regarding the booking or any changes made in relation thereto to all Passengers, including but not limited to information on schedule changes or copies of booking confirmations. Unaccompanied Passengers under the age of 18 years need a letter of consent to travel alone from a parent or legal guardian. The minimum age for an unaccompanied Passenger is 18 years of age on the date of departure. All sums stated in these Terms and Conditions are in US$ unless stated otherwise.
2.2 When you receive the Booking Confirmation please check the details carefully and inform us immediately if anything is incorrect. You cannot assign or sub charter your booking without the prior written consent of the Company.
2.3 We will consider special requests when you book. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge or those that are confirmed in writing. It is your responsibility to advise us of any special requirements. We regret we cannot accept any booking which is conditional upon the fulfillment of a particular request.
2.4 We may not be able to confirm some of your additional travel requests immediately at booking. In these instances we may issue a Booking Confirmation Invoice, however, the contract for arrangements that we have not been able to confirm will only be made when we have sent you written confirmation that those additional arrangements have been finalized. We will notify you promptly of any changes to your additional travel requests between the time of booking and the written confirmation, including if there is any change to the price. If any of these changes are not acceptable then you will be entitled to cancel your booking and receive a full refund; provided you notify us within 7 days of receiving details of the changes.
2.5 Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other Passengers’ enjoyment of the charter.
3. Prices and Surcharging
3.1 All prices we advertise are accurate as of the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the date of publication. Prices on our website are updated regularly. Before you make a booking we will give you the up-to-date price of your chosen charter package, including the cost of any supplements or upgrades which you have requested. In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it. Offers are not combinable unless expressly stated and may be withdrawn at any time.
5. If We Change or Cancel Your Trip
5.1 The arrangements for your charter are made months in advance and it is inevitable that changes will sometimes become necessary. We reserve the right to make such changes if they do become necessary. Most of these changes will be minor and we will advise you of them as soon as possible. If major changes (for example new destination, new dates) that might affect the overall standard of your charter are made after your booking, you will be notified as soon as reasonably possible and we will offer you an alternative charter if there is time before your departure. In most cases, we will offer an alternative charter that is the same price, or more expensive than the charter you originally booked. If an alternative charter suggested by us is cheaper, you are entitled to a refund of the price difference. If an alternative charter does not fit your needs we may give you a credit certificate or a full refund.
5.2 We also reserve the right to recall the yacht due to unexpected circumstances (e.g. severe weather conditions* etc.) in which case we may give you a credit certificate for use on future charters, reschedule your charter, or cancel your charter. If we cancel your charter except for reasons beyond our control or as a result of your nonpayment of any amounts due under the contract, you are entitled to receive a full refund of all monies paid. Notwithstanding the foregoing, no refund or compensation will be paid if your charter is canceled due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not be avoided even if all due care had been exercised; such as (by way of example and not by way of limitation) war, riots, civil disturbances, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, acts of God, unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested ports, hurricanes and other actual or potential adverse weather conditions, flood, epidemics, health risks or pandemics or any other similar events or unforeseen circumstances that may amount to force majeure.
*severe weather conditions as advised by Coar Guard or the gut feeling of the Captain.
5.3 We reserve the right to refuse to accept a Passenger or remove a Passenger from a charter if that Passenger violates any law, or, in our sole discretion, is disruptive to others, or constitutes a danger to himself/herself or others. In the event, the Passenger is so removed or his/her participation terminated, and any/all expenses from being removed or terminated are the responsibility of the removed passenger, the trip is immediately canceled with no refund.
If the skipper of a yacht or any of our marina staff or agents, in his/her reasonable discretion, believes that a passenger is disruptive or that he/she is suffering from a contagious disease, they can also refuse to let such passenger proceed with the charter or disembark the Passenger from a boat. In the event, the Passenger is refused to proceed with the charter no refund is issued to the Passenger. If the rest of the team refuses to proceed without the removed/refused Passenger trip is canceled immediately with no refund.
5.4 It is important to understand that maximum of 6 passengers to hire at a time are allowed to be on a boat. If more than 6 passengers to hire arrived for departure trip is immediately canceled with no refund.
6. Our Liability, Conditions of Carriage, and Limitations
5.1 The arrangements for your charter are made months in advance and it is inevitable that changes will sometimes become necessary. We reserve the right to make such changes if they do become necessary. Most of these changes will be minor and we will advise you of them as soon as possible. If major changes (for example new destination, new dates) that might affect the overall standard of your charter are made after your booking, you will be notified as soon as reasonably possible and we will offer you an alternative charter if there is time before your departure. In most cases, we will offer an alternative charter that is the same price, or more expensive than the charter you originally booked. If an alternative charter suggested by us is cheaper, you are entitled to a refund of the price difference. If an alternative charter does not fit your needs we may give you a credit certificate or a full refund.
5.2 We also reserve the right to recall the yacht due to unexpected circumstances (e.g. severe weather conditions* etc.) in which case we may give you a credit certificate for use on future charters, reschedule your charter, or cancel your charter. If we cancel your charter except for reasons beyond our control or as a result of your nonpayment of any amounts due under the contract, you are entitled to receive a full refund of all monies paid. Notwithstanding the foregoing, no refund or compensation will be paid if your charter is canceled due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not be avoided even if all due care had been exercised; such as (by way of example and not by way of limitation) war, riots, civil disturbances, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, acts of God, unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested ports, hurricanes and other actual or potential adverse weather conditions, flood, epidemics, health risks or pandemics or any other similar events or unforeseen circumstances that may amount to force majeure.
*severe weather conditions as advised by Coar Guard or the gut feeling of the Captain.
5.3 We reserve the right to refuse to accept a Passenger or remove a Passenger from a charter if that Passenger violates any law, or, in our sole discretion, is disruptive to others, or constitutes a danger to himself/herself or others. In the event, the Passenger is so removed or his/her participation terminated, and any/all expenses from being removed or terminated are the responsibility of the removed passenger, the trip is immediately canceled with no refund.
If the skipper of a yacht or any of our marina staff or agents, in his/her reasonable discretion, believes that a passenger is disruptive or that he/she is suffering from a contagious disease, they can also refuse to let such passenger proceed with the charter or disembark the Passenger from a boat. In the event, the Passenger is refused to proceed with the charter no refund is issued to the Passenger. If the rest of the team refuses to proceed without the removed/refused Passenger trip is canceled immediately with no refund.
5.4 It is important to understand that maximum of 6 passengers to hire at a time are allowed to be on a boat. If more than 6 passengers to hire arrived for departure trip is immediately canceled with no refund.
6. Our Liability, Conditions of Carriage, and Limitations
6.1 Neither the Company, its affiliates, owners, officers, agents, or employees, shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, where such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to by defects or failures of any vessel or other equipment or instrumentality under the control of independent suppliers.
6.2 You understand and acknowledge that your travel on the yacht may involve risk and potential exposure to injury. You also realize and acknowledge that risk and dangers may be caused by the negligence or participation of other passengers. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers, and hazards are a potential in connection with recreational activities which may take place during the charter of the yacht and that you are willingly and knowingly electing to travel on the yacht in spite of such potential risk of danger.
6.3 In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of traveling on the yacht, and you willingly and voluntarily assume full responsibility for any injury, loss, or damage caused by you. It is your responsibility and obligation to inform the Company, at the time your booking is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely travel on the yacht. Your failure to do so will release us from any liability for loss, damages, or other compensation arising from or related in any way to such disability or condition. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to the Company.
6.4 In consideration of the services and arrangements provided by the Company, you, for yourself, other Passengers on your charter, and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify the Company, and its owners, officers, directors, employees and affiliates from any and all claims, actions, or losses for emotional injury, bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your charter activities conducted in conjunction therewith and shall include, without limitation, any loss caused by breakage of shafts or any defect or unseaworthiness in hull, machinery or appurtenances, equipment, furnishings, supplies or officers or crew of the yacht or its launches or watercraft; fault or neglect of the Skipper, tugs, officers or members of the crew, agents, servants, independent contractors; the quality, nature or consequences of medical or surgical treatment; your negligence or caused by your breach of this charter; or which results from your acts, omissions or defaults or any person acting on your behalf , or which results from the acts, omissions or defaults of, or any claims asserted by, the other Passengers on the yacht. The Company is not liable for injury, illness or death of any Passenger unless directly caused by the negligence of willful misconduct of the Company. Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against the Company, its owners, directors, officers, employees, agents, and affiliates, for any reason whatsoever.
​​6.5 The Company’s maximum liability, for any reason whatsoever, will be limited to the amount paid by you to the Company for the charter. If any international convention applies to, or governs, any of the services or facilities included in your holiday arranged or provided by us and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include, without limitation: in respect of carriage by sea, the Athens Convention 1974. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Other than as set out above, and as is detailed elsewhere in these Terms and Conditions, we shall have no legal liability whatsoever to you for any loss or damage.
6.6 In the event medical care becomes necessary on your charter, you may be hours travel by water from any medical facility. The medical facility you may be treated in may not have the same standards as hospitals or doctor’s offices in your hometown and may not be covered by your insurance. You further acknowledge that an emergency evacuation may be unavailable, expensive, and delayed at your yacht location and that the medical facilities and attention available aboard the yacht are limited. Decisions are made by the Company staff based on a variety of perceptions and evaluations of the situation at hand. Participant understands and agrees to abide by these decisions.
6.7 To the full extent permitted by law, we exclude all representations, warranties, or terms (whether express or implied) other than those expressly set out in these booking conditions.
7. Yacht Charters Information
7.1 You have the right to inspect the yacht, her gear, and inventory upon delivery and to ensure that all times are present and in good working conditions. Following the conclusion of your charter, you must deliver the yacht at the time and place specified by us and in the same condition as the yacht was delivered to you, subject to normal wear and tear, or defects which are agreed upon and noted at inspection. If you return the yacht late at the end of your charter as a result of you or your party’s acts or omissions, you will be liable to pay a pro-rata charter fee for use of the Yacht, plus consequential and incidental losses suffered by the Company caused by the delay. You agree to abide by the judgment of the crew as to the traveling on a yacht, weather, anchorages, and other pertinent matters with regards to the charter of the yacht. The Company and its crew cannot be held responsible for underage consumption of alcohol. Use of the yacht is for pleasure only. The yacht shall not transport merchandise or carry passengers for pay without the prior written consent of the Company. No pets are permitted onboard unless otherwise stipulated.
8. Equipment and Yacht Insurance Coverage
8.1 You are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives and force majeure events. The company cannot be held responsible for any loss which you may suffer as a result of you providing incorrect information, or due to your negligence, deliberate default, or willful misconduct. Adults will at all times be responsible for minors in their charge.
8.2 The Company agrees to insure and keep insured the yacht against public liability and marine public liability to such an extent as the Company in its absolute sole discretion shall deem appropriate. Such insurance policy does not cover loss of life (except that caused through the negligence of the Company), or damage to or loss of property of any person on board.
9. Yacht Damage Waiver
9.1 In the event you or your party cause damage or loss to the vessel (howsoever caused) or to property belonging to a third party you will be liable for the damage.
9.2 If you or your party cause damage or loss to the vessel, any ancillary equipment, or to property belonging to a third party and such damage or loss is caused as a result of your gross negligence or reckless conduct you will be liable for the full extent of the loss suffered and our right to claim against you will not be limited or waived in any way.
9.3 On return of the yacht to the base following the charter period our crew will perform an inspection of the yacht, in the event of apparent damage to the yacht on its return from you, our crew shall notify you as soon as reasonably possible in written form.
10. Governing Law and Jurisdiction
10.1 The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Washington, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
10.2 Any incident or accident resulting in injury, illness or death to the Passenger must be reported immediately to the Company and the vessel’s officers, if such incident or accident occurs on or relates to the Cruise The Company shall not be liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith, unless full details in writing are given to the Company, within 30 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within 3 months after the date of the event giving rise to such claim and unless served on the Company within 30 days after filing. You expressly waive all other potentially applicable state or federal limitation periods.
The Company will not be liable for any other claim, including but not limited to claims relating to a passenger’s baggage, any alleged violation of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional, or legal rights, or for any losses, damages or expenses relating to or in any way arising under, in connection with, or incident to this ticket or the Passenger’s charter, other than for injury, illness or death, unless a detailed written claim is presented to the Company within 30 days of the date of the claim or alleged loss. The suit must be filed by Passenger within 3 months after the Service was performed. Any such lawsuit must be brought by or on behalf of the individual passenger concerned. If a written claim is not made and the suit is not filed within the time frame set forth above, then the Passenger waives and releases any right he or she may have to make any claim against the Company arising under, in connection with, or incident to this ticket or the voyage.
All written notices to the Company required or permitted by these Terms and Conditions must be mailed, postage pre-paid to Salty Fox LLC, 2444 55th Ave SW, Seattle, 98116, USA.