Liabilities of BuenoWays:
BuenoWays works with a large national online database of boats and has established business partnerships with many Charter-Operators who operate boat fleets. The Charterer acknowledges that BuenoWays acts as an agency mediator between the Charterer and the Charter-Operator. Thus, BuenoWays will provide the Charterer with the information on the type of the Boat’s accommodation, its integral parts and possible additional costs (jetski, water toys, massage services etc.), it will assist the Charterer in obtaining most appropriate Boat to meet Charterer’s specific needs, and also assist the Charterer throughout the entire booking process.
BuenoWays shall inform the Charter-Operator about relevant booking information, collect documents from the Charterer (e.g. licenses, crew lists etc.), as well as make payments to the Charter-Operator and perform all other agency-mediator duties according to business cooperation contract concluded between BuenoWays and the Charter-Operator. In case of any possible disputes between the Charterer and the Charter-Operator before, during or after the charter, BuenoWays will put its best efforts to help the Client and strive to protect Client’s interests to the maximum possible extent. Also, in case the Charter-Operator fails to fulfill some of their obligations towards the Charterer, BuenoWays will support and assist the Charterer, striving to obtain the appropriate refund from the Charter-Operator to the Charterer. In extreme and very rare cases in which the Charter-Operator fully fails to fulfill their obligations (e.g. filing bankruptcy, loss of boats or similar), BuenoWays will put utmost effort to assist the Charterer in finding the best possible alternative solution with minimum possible costs/losses for the Charterer. The Charterer acknowledges that BuenoWays shall not be liable to pay to the Charterer any refund or loss caused by Charter-Operator’s failure to fulfill their obligations, provided that BuenoWays had made appropriate payments to the Charter-Operator for chartering the Boat(s), following the corresponding Charterer’s payments to BuenoWays. Still, BuenoWays will assist and help the Charterer towards obtaining appropriate refunds from Charter-Operator and protecting Charterers interests as stated above in this article.
BuenoWays is responsible for making all the arrangements for everything specified in the services and itineraries. BuenoWays’ liability and responsibility does not extend beyond the boat; any arrangements made by or for passengers either before boarding or when disembarking are at the passenger’s own risk. BuenoWays does not own or control any ground transportation or hotels. As a convenience to our passengers, BuenoWays may sell tickets for land excursions or arrange other services which are operated by independent contractors, but shall not be responsible in any way whatsoever for any damage, loss, injury or death arising.
Nevertheless, all of the service provided in the boat bears BuenoWays’ guarantee and responsibility for quality service, which we provide to all of our customers with. BuenoWays preserves the right to cancel the whole tour without a refund, once the capacity of the passengers excesses the booking and the capacity of the boat itself.
Cancellations by the Charterer and Refunds:
For full refund of charter fee, notice of cancellation must be in writing e-mail ([email protected]) and received by BuenoWays no later than ninety (90) days prior to sailing.
If a cancellation occurs, the following charges will apply:
- 90 days prior to your departure: 25% of the deposit will be funded as an administration fee; the rest of the deposit will be refunded.
- 89-60 days prior to your departure: 50% of the deposit will be funded as an administration fee; the rest of the deposit will be refunded.
- 59-30 days prior to your departure, 75% of the deposit will be funded as an administration fee; the rest of the deposit will be refunded.
- 29-15 days prior to your departure, 100% of the deposit will be funded as an administration fee; the rest of the deposit will be refunded.
- In case of cancellations after 14 days prior to your departure, the whole of the rental fee has to be paid by the customer.
Cancellations by Buenoways or the Charter-Operator:
In case of cancellation by Buenoways, the guest will have the right to choose among the following three options:
– Total reimbursement
– An equal or better level yacht with the same terms and conditions if possible
– A voucher usable within two years from the charter date
In case of cancellation by Charter-Operator (e.g. due to severe damages on the reserved yacht or other unforeseen circumstances occurring to the yacht), then the Charterer will be remunerated by Charter-Operator according to valid Terms & Conditions of that Charter-Operator. The examples of what most Charter-Operators would offer to Charterer in such cases are:
a) reservation of another yacht of similar size and with similar features, from same fleet or from another fleet, if possible
b) a refund of all amounts received from the Charterer for the charter. Charterer acknowledges that in case when severe damages of the yacht have occurred during previous charters, or due to events such as Acts of God, neither BuenoWays nor Charter-Operator are objectively guilty for this, and thus the Charterer shall aim to be cooperative towards finding appropriate alternative solution under the given circumstances.