1. Our Website
1.1 Your use of this website and any service contained within constitutes acceptance by you of these Terms & Conditions.
1.2 Any reference to “you” refers to you as a user of this website.
1.3 Any reference to “us” refers to The Halcyon Daze Group of Harvey Road, Alonnah Australia, trading as Yacht Charter Auctions.
1.4 Any reference to “Operator” refers to a Yacht Charter Fleet Operator or Yacht Owner as a user of this website.
1.5 Any reference to “Buyer” refers to the winning auction bidder as a user of this website.
1.5 Any reference to this “website” refers to the website address www.yachtcharterauctions.com and such other locations where it may be hosted or featured where the entire website or elements of the website are hosted or featured by our partners.
2.1 You must be a minimum age of 18 to register with and use this website. Furthermore you must be able to enter into legally binding contracts. By registering and using this website you warrant that you are 18 or older, have the capacity to enter into contracts and understand your obligations under these Terms & Conditions.
2.2 You will not be eligible to use this website if you have previously been banned from using it and a ban is currently still in place, or where you have been suspended and a suspension is still in place.
3. Registration, Security & Access
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 It is a breach of these Terms & Conditions to create more than one account, unless one account is for business use and the other account is for your personal use as a consumer. In this instance business and consumer use should be kept strictly separate. Furthermore one account cannot be used to interact with the other.
3.3 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
3.4 We reserve the right to block or limit access to any account at any time. We also reserve the right to prevent access to the website at any time from any specific IP address or IP address range or country. We further reserve the right to block any device or devices.
Furthermore we reserve the right to block any virtual private network (VPN) or proxy service. Any blocking of access may be temporary or permanent, at our sole discretion.
4. Specific Auction Rules - Charter Fleet Operators
4.1 As an Operator you agree not to do any of the following:
1. Advertise only items that relate to yacht charter in the appropriate categories.
2. Breach any local laws with regard to items advertised or sold.
3. Fail to deliver the charter when the auction has been finalised, unless the buyer cannot meet the terms of sale agreed, or where the buyer’s identity cannot be clearly authenticated.
5. Seek to avoid the payment of auction fees owed to us or manipulate the fee structure or fee payment process in any way.
6. Manipulate the bidding process or price of any item, including (but not limited to) bidding for your own items, working in conjunction with others to bid-up items, entering high bids and then withdrawing them, or any other form of manipulation or concerted action to distort the auction process whether related to your own items or those of another user.
7. Supply or post content or advertisements calculated to deliberately mislead other users or third parties.
4.2 Specific Auction Rules - Buyers
As a Buyer you agree to the following:
1. Agree to pay a registration fee of 10€ that will enable you as Buyer to participate in auctions on this website.
2. Pay for any charter purchased at auction by you. This excludes where the Operator materially alters the terms of the sale after you have bid or agreed to purchase.
3. Enter into a contract with the Operator at the conclusion of the auction for the charter of the yacht as described in the auction.
4. Supply all documentation as required by the Operator to comply with local laws governing the yacht charter.
5. Comply with the Operator’s yacht charter Terms and Conditions as a condition of accepting their charter offer and contract.
6. Pay any fees or commission within 7 days of receipt of the invoice.
4.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.
5. Right of Cancellation
Yacht Charter Auctions reserves the right, at our absolute discretion, to cancel any auction, whether prior to or during the auction up until the expiration of the auction period. Yacht Charter Auctions shall have no liability whatsoever with regard to such Cancellation.
Fleet Charter Operators reserve the right to cancel any auction up until the time the auction has been completed. Once the auction has finished and there is a winning bidder, both Operator and Buyer agree to enter into a formal charter contract.
6. Liability and Indemnity
6.1 Yacht Charter Auctions shall have no liability whatsoever for activities that occur under your password, digital signature or membership or Account.
6.2 Yacht Charter Auctions shall have no liability whatsoever to the Operator or the buyer in respect of the availability or issuance of necessary licences or permits or the existence or exercise of pre-emption or other rights to purchase by governmental or regulatory authorities anywhere.
6.3 If you are dissatisfied with the use, performance, delay or provision of, or inability to use or failure to provide, Yacht Charter Auctions, or any part of them, your only remedy is to discontinue using Yacht Charter Auctions.
6.4 Yacht Charter Auctions shall have no liability whatsoever for your access or use of, or your inability to access or use, Yacht Charter Auctions, delays or disruptions to Yacht Charter Auctions, malicious or harmful content or devices, glitches, bugs, errors, or inaccuracies of any kind in Yacht Charter Auctions, damage from access or use of any services provided by Yacht Charter Auctions, suspension or other action taken with respect to your membership or Account or breach of these Terms & Conditions, duration or manner of any offer, sale or auction, presentation, placement or information relating to any item, listing, catalogue or ranking of any search results.
65 We will have no liability for disclosure of information due to errors or unauthorised acts of third parties or as otherwise permitted in accordance with these Terms & Conditions and our Data Protection Policy.
6.6 Yacht Charter Auctions is not responsible for any third party, including their privacy practices, information or content provided by them or any of their actions or inactions. Our liability to you in respect of any security breach or accidental loss or disclosure of your information or data by a third party is hereby excluded.
6.7 You agree to defend, indemnify, and hold harmless Yacht Charter Auctions, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs and expenses, including reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use or improper use of Yacht Charter Auctions or your violation of law or regulation or the rights of any third party.
6.8 Yacht Charter Auctions does not endorse the contents of third-party websites, webpages or mobile applications. Yacht Charter Auctions is not responsible for the content of such sites, pages or applications and does not make any representations regarding the content or accuracy of materials on such sites, pages or applications. If you decide to access such sites, pages or applications, you do so at your own risk.
6.7 Neither Yacht Charter Auctions nor any Operator shall have any liability to any buyer, and Yacht Charter Auctions shall have no liability to any Operator, for any loss of profit, loss of or interest, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of goodwill, loss of revenue, wasted expenditure, loss of use, need to modify practices, content, or behaviour, loss of data or any indirect or consequential loss or damage whatsoever, whether based on contract, tort, statute or otherwise, even if Yacht Charter Auctions or any Operator has been advised of the possibility of loss or damage.
6.8 We have no liability to any buyer in relation to any third party Operator’s warranties set out in these Terms & Conditions or in relation to any warranties, conditions or other terms which are implied into contracts by law which shall be the responsibility of a third party Operator of an item.
6.9 We have no liability to any Operator or Buyer in relation to the the successful completion of a yacht charter auctioned on this website.
6.10 We have no liability to any Operator for any failure to sell any items.
6.11 We have no liability to any Operator in respect of any information, description or forgery in relation to any of your items, including any inaccuracy, error, misdescription or omission, of any kind and whether in writing or otherwise. We have no liability in relation to the minimum sale price set or failure to achieve a higher price than may have been achieved in relation to any item. We have no liability to any Operator for any failure to sell any items.
7. No Agent
Unless otherwise stated in these Terms & Conditions, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions.
8. Law and Disputes
8.1 If you have a dispute with a Operator or Buyer, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8.2 In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
8.3 If a dispute arises, we strongly encourage you to first contact us directly to seek a resolution. Failing resolution, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
8.4 Any claim, dispute or matter shall be governed by and construed in all respects by the laws of Australia. You and we both agree to submit to the exclusive jurisdiction of the Australian Courts.