You will need to register an account with Us to use our Online Booking Service. You will need a valid email address/username and password for Your account. You are responsible for maintaining the confidentiality of Your account, username and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account, username and/or password and undertake to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if You violate these General Terms or if We decide, in our sole discretion, that it would be in Our best interests to do so. Your use of the Site indicates your renunciation to any right to contest any such refusal or termination.
USE OF ONLINE BOOKING SERVICE
You may only use the Online Booking Service if you are at least 18 years of age and can enter into binding contracts (the Site is not available for use by minors). You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be accountable and responsible in all respects for all uses of the Site by you and anyone using Your password and login information. You may only use the Online Booking Service to make legitimate and good faith bookings and/or appointments.
Use of the Online Booking Service will require You to accept the terms and conditions applicable to online bookings between You and the respective Service Provider, which terms and conditions are set by the Service Provider at its sole discretion and for which we renounce to any responsibility in the most absolute manner. Any bookings made by You with the Service Provider are subject to the terms dictated or agreed to with the said Service Provider. These Service Provider Terms may require You to provide credit card details or impose a cancellation or no show fee where you cancel the booking or fail to appear at the booked time.
It is recommended that You cancel any appointments that You will be unable to honour only where prevented from respecting such appointments due to an event which could reasonably be deemed as beyond your effective control and in no event less than 24 hours in advance of the reserved time. You must telephone the Service Provider directly to cancel and receive acknowledgement of such cancellation. As a condition of your use of the Site, you warrant to that you will not use the Site for a purpose that is unlawful or prohibited by these terms and conditions.
We will use Our reasonable commercial efforts to keep the Site available on a 24 hour/7days a week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to the Online Booking Service may not be uninterrupted or available at all times. We cannot promise that the Online Booking Service will be error-free, that defects or errors will be corrected or that the Site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of the Site or take any action that imposes an unreasonable load on Our computer equipment.
COPYRIGHT AND TRADEMARKS
The Site is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or service found on or obtained from the Site; Copyright in the material on this website is owned and/or licensed by Us. Except where necessary for and incidental to the viewing of the material on this website via Your web browser, or as permitted by applicable laws and regulations, no material on this website may be copied, reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without Our specific written consent, which consent may or may not be given by Us at our sole discretion Third party trademarks are the property of the respective third parties.
LIMITATION OF LIABILITY
The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, or non-infringement, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Your use of the Site is at your own risk.
In no event will We, our representatives of licensors be liable for any loss or damages, either direct, indirect, punitive, special, incidental, consequential or otherwise, or expenses (including but not limited to legal costs and defense or settlement costs) resulting from, or in any way connected to, the use of the Site, any material on the Site, any third party material, or from access to the Site by You, howsoever caused, in each case regardless of whether such damages are based on contract, tort, strict liability, or any other theory of liability. You hereby waive any and all claims against us, our agents, representatives and licensors arising out of your use of the Site. Our liability for breach of a condition or warranty implied by law, and which cannot be excluded, is limited, to the furthest extent possible We do not accept liability for any confirmed booking that is not available on arrival at the Service Provider due to any error or omission on the part of the Service Provider.
You indemnify and hold Us in respect of all liability incurred by Us for any loss, damage, cost or expense, howsoever caused, suffered or incurred by Us as a result of any breach on Your part or behalf of these General Terms, or Your use of the Site or any material on the Site.
LINKS TO OTHER SITES
CHANGES TO THE GENERAL TERMS
You acknowledge and accept that Your use of the Site indicates your acceptance of these General Terms. These are the current General Terms and We may at any time vary the General Terms by publishing the varied General Terms on the Site. We are under no obligation to specifically notify you of any variation to these General Terms. You accept that by publishing the varied General Terms on the Site, that We have provided You with sufficient notice of the variation. By Your use of the Site after any variation, You are taken to have accepted and assented to the new General Terms.
These Terms and Conditions and any disputes arising out of or related to the Site or use of the Site shall be governed exclusively by Maltese law and exclusively enforced in Maltese Courts. You expressly agree to the exclusive governance of Maltese law and submit to the exclusive jurisdiction of the Maltese courts.
ILLEGALITY AND UNENFORCEABILITY
Where any provision of these General Terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in the General Terms, provided that the severance has not altered the basic nature of the General Terms.
Notwithstanding any other provision of these General Terms, neither You or Us shall be liable to each other for any failure, inability to perform, or delay in performance hereunder, if such failure, inability, or delay be due to acts of God, war, civil commotion, governmental action, fire, explosions, strikes, other industrial disturbances, equipment malfunction that is beyond its reasonable control, or any other cause that is beyond its reasonable control.
Surf Yachts address is 53 Level 1 Ta Xbiex, SeaFront Msida, MSD 1515, Malta.
You can contact Surf Yachts by email at [email protected] or call us on (+356) 2060 4555