INTRODUCTION

The present terms and conditions (hereinafter, these “Terms and Conditions”) regulate the terms and conditions of the services offered by Triton Classic Boat Charters, LLC, an Ohio limited liability company DBA “Triton Boat Charters” (hereinafter “Triton Boat Charters”, “we”, “us”, or “our”), and the services offered on Triton Boat Charters’ website https://www.tritonboatcharters.com (hereinafter the “Website”).

Purpose and Scope

The purpose of these Terms and Conditions is to define the terms by which Triton Boat Charters provides you with the necessary means for contracting the services offered on the Website, to make available to you the pre-contractual information regarding the possible operations that take place on and through the Website, and to provide you notice of the rules and policies governing all charters operated by Triton Boat Charters.

These Terms and Conditions are complementary to the “Copyright Dispute Policy” and “Privacy Policy” applicable to the Website, as well as to the Waiver (defined herein) and the terms expressed on the Invoice (defined herein) and/or booking receipt delivered to each customer of the booking party of the charter (the “Customer” or “you”). Triton Boat Charters may, at any time and without prior notice, modify the Website and, in general, any functionality to make the changes it deems appropriate to ensure its proper functioning.

Furthermore, Triton Classic Charters also reserves the right to modify these Terms and Conditions, with the Terms and Conditions in force at the time of booking being applicable. However, these modifications will be effective from their publication on the Website, so that the updating and modification of these Terms and Conditions will always be accessible prior to booking so that you can review and accept the updated version prior to trip, if applicable.

Should any of these Terms and Conditions be declared invalid, void or for any reason ineffective, said condition shall be understood to be excluded without this affecting the validity or enforceability of the rest of the conditions.

Customer Obligations

Each Customer of the applicable booking party that signs the Waiver (the “Charter Passengers”) is assumed to have read these Terms and Conditions and agrees to the provisions herein.

WEBSITE TERMS AND CONDITIONS

Booking Formalities

Triton Boat Charters informs you that the procedures for the provision of the services offered are all those described in these Terms and Conditions, as well as those instructions that are expressly indicated on the Website during the booking process through our third-party provider called Checkfront, Inc. (“Checkfront”).

Specifically, to contract for and book the services offered, you must be over twenty-one (21) years of age. To make a reservation it will not be necessary to register in advance, but the data will be entered for the first time in the Checkfront system at the time of formalizing the reservation. To do this, once you have selected your option and dates of availability, you must click on the “Booking/Scheduling” button, after which you will select a package in the “Destination Packages” section of the Website. Afterwards, you will select your dates of availability and preferred time. Once those are selected, a form will open in order to fill in the data required for the booking. Once you have entered your details and verified the cost breakdown, you must click on the “Book and Pay” button to go to the summary and payment gateway to make the payment. During the booking process, Checkfront will provide you with all the necessary means to rectify any errors you may make when entering your details.

For the validation of the booking, it will be necessary that you know and expressly accept the present Terms and Conditions, as part of the conclusion of the contract. Checkfront will store the data constituting such proof at the end of the booking process, which will be always accessible.

Also, once you have booked the charter, Checkfront will send you an email with the confirmation and proof of purchase (the “Invoice”), to the email address you have indicated for this purpose in the booking process, as soon as possible. If you do not agree with the details shown on the Invoice, you may request their modification or the cancellation of the booking. You may also request an Invoice for your purchase by contacting us at [email protected].

Users who use the Website and make purchases in bad faith, or who breach any of the present Terms and Conditions, or who abuse any promotions or offers, will not be allowed to book a charter with Triton Boat Charters.

If communication is required regarding the status and management of the booking, or possible incidents, Triton Boat Charters will contact you through the means that you have provided in the booking process. If you wish to obtain additional information on any of the available booking options, please contact us by calling (216) 570-6262 or emailing an inquiry to [email protected].

Consultation Procedures

If you wish to obtain additional information on any of the available booking options, you must also select the dates of availability by clicking on the “Send as Inquiry” button located under “Start Booking Process”. As in the booking process, a form will open which must be filled in with the details of the user who wishes to receive information, confirming again by clicking on the “Send as Inquiry” button located under “Book and Pay.”

Services Offered and Prices

All services made available on the Website will include information regarding the essential characteristics of the same, as well as the final prices, with all applicable taxes. Likewise, any management costs and/or service fees that you will be charged for will be shown.

Notwithstanding the foregoing, Triton Boat Charters reserves the right to decide on the services offered at any time on the Website, and may add new services, which shall be governed by these Terms and Conditions and, where appropriate, any special conditions that may apply, unless otherwise expressly provided. Likewise, any of the services may be withdrawn from the Website at any time and without prior notice.

The services offered on the Website will generally be available on the Website, although, given that it is an online platform, it may be the case that during the purchase period the availability is exhausted and, therefore, it may not be possible to proceed to finalize the reservation. In this case, you will be able to process the booking again by substituting the sold-out option or the selected dates for another service that is available.

Payment Methods

The Triton Boat Charters Website uses the third-party provider called Stripe for its payment service. The payment processing services offered through the Website are subject to the additonal terms and conditions of these processing services of Stripe. You agree to be bound by Stripe’s terms and conditions (located at https://stripe.com/legal/ssa), as will be linked, or provided at the time of payment. 

Personal Data Protection

Checkfront is responsible for the processing of your personal data obtained through the booking process. If you need more information about how we process your data, you can consult the Triton Boat Charters “Privacy Policy.”

CHARTER TERMS AND CONDITIONS

Payment Terms

Customer shall pay Triton Boat Charters the amount listed on the Invoice at the time of booking (the “Charter Fee”) for a charter trip scheduled aboard “CAAOS on the Lake”, a licensed and insured private charter vessel (the “Vessel”) by:

1. Paying a non-refundable deposit of 50% of the Charter Fee, through the payment portal on the Website, at the time booking; and
2. Paying the outstanding balance of the Charter Fee, through the payment portal on the Website, prior to or on the Departure Date (as listed on the Invoice).

Gratuity for Karl W. Sooy, a licensed captain and owner of Helm Yachting, LLC (the “Captain”), is not included in the Charter Fee and is optional. 

Charter Trip

As determined at the time of booking or otherwise through communications with the Captain, the Vessel shall set sail from a private marina either located at 5336 Liberty Avenue, Vermilion, OH 44098 or a mutually agreeable alternative location (the “Dock Location”) and generally cruise through Vermilion Lagoons, through and around Lake Erie near the Cleveland area, and then back to anchor at the Dock Location (“Charter Trip”). The Company shall provide the Charter Trip in accordance with the Departure Date, Departure Time and End Time listed on the Invoice.

The number of passengers shall be provided by the booking Customer at the time of booking and each Customer will sign the Waiver prior to the Charter Trip.  The Captain maintains, in his sole discretion, the right to refuse to embark on the Charter Trip if the number of passengers is greater than that listed at the time of booking, unless Customer notifies and obtains Triton Boat Charters consent to increase the number of passengers prior to the Departure Date.

The Charter Passengers shall be permitted to board the vessel and embark on the schedule Charter Trip only under the following conditions: 

1. Full payment of the Charter Fee by Customer; 
2. All Charter Passengers have completed and signed the required waiver (the “Waiver”), or if a Charter Passenger is a minor, the Waiver has been completed by such minor’s legal guardian prior to or on the Departure Date; and 
3. The Charter Passengers include a least one individual over the age of twenty-one (21) years old. 

Charter Time Policy

The reserved time for your charter is fixed. If your departure is delayed, your charter will still return at the initially agreed-upon time, provided the delay is caused by the Charter Passengers. If we need to delay the departure, you will have the contracted amount of time on the water or be issued a pro rata refund. At the discretion of the Captain, you may extend your time, if available, at a rate agreed upon before your departure.

Vessel Rules

The Charter Passengers shall and are obligated to follow the following rules (the “Vessel Rules”):

1. Obey all posted rules and regulations;
2. Obey all rules disseminated prior to departure by the Triton Boat Charters;
3. Obey all rules disseminated prior to departure of during the charter by the Captain;
4. Refrain from jumping off the Vessel without the express approval of the Captain;
5. Refrain from bringing or using illegal drugs or illegal substances; or
6. Refrain from engaging in excessively drunk behavior or disorderly conduct, including but not limited to any destructive behavior.
7. Refrain from bringing pets onboard other than with the prior written permission of Triton Boat Charters.

If any of the Charter Passengers break any of the Vessel Rules listed above, Triton Boat Charters has the right to terminate the Charter Trip immediately without refund for all or any portion of the fee regardless of the duration of the trip at the time of the prohibited conduct. The decision to terminate a Charter Trip shall be the sole discretion of the Captain and shall be made in the best interest and for the safety of all the Charter Passengers, the Captain and the Vessel.

Outside Food/Beverage Policy:

Outside food and beverages are permitted. Additionally, while outside alcoholic beverages are permitted aboard the Vessel, Charter Passengers under the age of twenty-one (21) may not consume alcoholic beverages while on the Vessel or at any time during the Charter Trip. If alcohol is consumed by Charter Passengers under the age of twenty-one (21) during the Charter Trip, the charter will be immediately terminated without refund, and future charters may be denied. Any Charter Passengers that appear to have been drinking alcohol excessively before the Charter Trip, will not be allowed entry, in the Captain’s sole discretion, and there will be no refund in connection with such denial. If anyone poses a safety risk due to intoxication, as determined in the Captain’s sole discretion, the Captain will return to the Dock Location, terminating the charter. Trash cans are provided onboard, and we appreciate your help in keeping the waters clean.

Accessibility 

Each Customer is asked to advise Triton Boat Charters if such Customer have accessibility issues, and the nature of their such accessibility issues, at the time of booking and/or the signing of the Waiver as the configuration of the Vessel and/or itineraries may be unsuitable. If we reasonably feel unable to safely and properly accommodate the particular needs of the person concerned, we reserve the right to decline or cancel the reservation.

Cancellations

Customer shall notify Triton Boat Charters, through the Website, or the Captain via his contact information provided after the booking, immediately, if Customer chooses to cancel. Triton Boat Charters shall issue a non-refundable and non-transferable future charter credit in the amount of the non-refundable deposit and/or the outstanding balance (if paid) if (a) Customer cancels and provides notice pursuant at least 15 days prior to the Departure Date or (b) the Charter Trip is cancelled due to unforeseen weather circumstances or an official weather advisory. Triton Boat Charters will not refund Customer for any amount paid or provide a future charter credit if Customer cancels less than 15 days from the Departure Date. 

Travel insurance is recommended for all Customers, and it is Customer’s responsibility to ensure that their travel insurance is suitable for their needs.

Assumption of Risk

EACH CUSTOMER ASSUMES ALL RISKS INCIDENT TO TRAVEL AND TRANSPORTATION. While at sea or in port the availability of medical care may be limited or delayed. Each Customer acknowledges that all or part of the Charter Trip may be in areas where medical care and evacuation may not be available. Charter Passengers who embark in violation of the Vessel Rules or any other term of these Terms and Conditions assume all associated risks and agree to indemnify and reimburse the Company for all resulting losses, costs, and expenses.

Insurance

Triton Boat Charters has insured the Vessel on such terms and subject to such deductible as are customary for a vessel of the Vessel’s type, size, and value. Triton Boat Charters shall make available for inspection, upon reasonable notice by Customer, copies of all relevant insurance documentation, which will also be carried on board the Vessel. If any Customer acts in such a way, whether by negligence or willful act, as to void or limit coverage under the Triton Boat Charters insurance policy, then such Customer shall indemnify and hold the Company harmless against and from any claim for loss, damage, or expense attributable to such negligence or willful act, to the extent that such loss, damage, or expense would otherwise be covered by the Company’s insurance policy.

Third Parties

Each Customer acknowledges that all land excursions during the Charter Trip are undertaken at Customer’s own risk. Triton Boat Charters neither supervises nor controls Customer’s or any other third party’s actions, nor makes any representation either express or implied as to their suitability. Customer agrees that Triton Boat Charters assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Customer’s baggage, property or effects in connection with said land excursions during the Charter Trip. If such Customer uses the services of third parties on land, it does so at Customer’s sole risk.

Indemnification

Each Customer shall jointly and severally indemnify, defend and hold the Triton Boat Charters harmless against and from any liability for loss, damages, or expense incurred by any Customer as a result of the negligence or willful act of any Customer on the applicable Charter Trip.

Limitation of Liability

1. Triton Boat Charters shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by the Triton Boat Charters nor for any intentional or negligent act of the Captain or any of Triton Boat Charters employees committed while off duty or outside the course and scope of their employment.
2. Triton Boat Charters shall not be liable for personal injury or property damage arising from Customer’s negligent or intentional conduct, except when such damages were caused by the gross negligence of Triton Boat Charters and resulted from the same passenger sustaining actual physical injury, or when such damages are held to be intentionally inflicted by the Company.
3. Triton Boat Charters shall not be liable to Customer for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the gross negligence of Triton Boat Charters and resulted from the same passenger sustaining actual physical injury, or when such damages are held to be intentionally inflicted by Triton Boat Charters.
4. Triton Boat Charters shall also have the benefit of all statutes of the United States of America providing for limitation and exoneration from liability and the procedures provide thereby, including but not limited to Title 46 Chapter 305 of the United States Code. Nothing in these Terms and Conditions is intended to nor shall it operate to limit or deprive Triton Boat Charters of any such statutory limitation of or exoneration from liability under any applicable laws.

Use of Customer’s and Customer’s Guests’ Likeness

If all applicable Customers so elect when executing the Waiver, each Customer grants Triton Boat Charters the right to include photographic, video, and other visual portrayals of such Customer in any medium of any nature whatsoever for any purpose, including but not limited to subsequent advertising, marketing material, website content and/or internet postings.

Law and Arbitration

These Terms and Conditions shall be governed by and construed in accordance with the maritime law of the United States, and to the extent such law fails to supply a rule of decision, the law of the State of Ohio regarding any conflicts-of-law principles that would require the application of any other law. Any dispute arising out of or in connection with these Terms and Conditions will be resolved by binding and confidential arbitration in Cleveland, Ohio (within the 44114-zip code as the exclusive venue for any arbitration proceeding arising out of or relating to the enforcement of the provisions of these Terms and Conditions or potential liability as a result of the Triton Boat Charters services), or any other such place as the parties may mutually agree upon in writing, by a single arbitrator under the rules of the American Arbitration Association. The arbitrator must base his or her decision upon these Terms and Conditions and applicable law. If any legal action is necessary to enforce these Terms and Conditions, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and expenses.

Force Majeure

If a Force Majeure Event occurs and is continuing, the affected party is excused from the performance to the extent prevented from performing. Force Majeure Event means any act or event whether foreseen or unforeseen, that meets all three of the following tests:

1. The act or event prevents a party (the “Nonperforming Party”), in whole or in part, from
   1. performing under these Terms and Conditions; or
   2. satisfying any condition to any obligation of the other Party (the “Performing Party”) under these Terms and Conditions.
2. The act or event is beyond the reasonable control of and not the fault of the Nonperforming Party.
3. The Nonperforming Party has been unable to avoid or overcome the act or event by exercise of due diligence.

ENTIRE AGREEMENT

These Terms and Conditions, the “Copyright Dispute Policy” and “Privacy Policy” applicable to the Website, as well as the Waiver and Invoice, (together, the “Operative Agreements”) constitutes the entire agreement between Triton Boat Charters and Customer with respect to Triton Boat Charters’ services and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the Triton Boat Charters and Customer with respect to the subject matter thereof. If any provision in the Operative Agreements is held to be unenforceable, the remaining provisions will remain in full force and effect. All rights and remedies hereunder are cumulative.

UPDATE

These Terms and Conditions may be updated periodically to reflect changes in the use of the Website or the charter services. We will indicate when these Terms and Conditions were last updated.

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