Terms & Conditions for Marina Of The Orient (MOTO)

1. Agreement Overview

1.1 Relationship:
Your use of the products, services, and websites (collectively referred to as “Services”) provided by Marina of the Orient (referred to as “MOTO”) is governed by this legal agreement. MOTO, identified as Marina Of The Orient Pte Ltd with company UEN number 202334825R and registered at 10 Arumugam Road, #08-01 LTC Building A, Singapore 409957, is the party offering these Services. This document outlines the formation of this agreement and specifies its terms.

1.2 Agreement Inclusions: 
Unless otherwise stipulated in writing by MOTO, your agreement with MOTO will invariably encompass, at a minimum, the terms and conditions presented in this document, known as the “General Terms.”

1.3 Additional Terms: 
Your agreement with MOTO may also encompass terms from Legal Notices specific to individual Services, in addition to the General Terms. These terms are collectively referred to as the “Additional Terms” and are accessible for review within the respective Service.

1.4 Comprehensive Agreement: 
The General Terms and Additional Terms, when combined, constitute a legally binding agreement governing your use of MOTO’s Services. Careful consideration of these terms is strongly advised. This entire legal arrangement is hereafter referred to as the “Terms.”

1.5 Priority of Terms: 
In cases where there is a contradiction between the General Terms and the Additional Terms, the Additional Terms shall take precedence concerning the specific Service in question.

2. Acceptance of Terms

2.1 Requirement: 
To use the Services, you must unequivocally accept the Terms. Failure to accept the Terms precludes your use of the Services.

2.2 Methods of Acceptance:
You can express your acceptance of the Terms through the following methods:

   (A) By explicitly clicking to accept or agree to the Terms, where this option is presented in the user interface for any Service.

   (B) By making payment.

   (C) By actively utilizing the Services. In this instance, your usage of the Services implies your acceptance of the Terms henceforth.

3. Language of the Terms

3.1 Language Translation: 
In the event that MOTO provides you with translations of the English version of the Terms, it is understood that such translations are for your convenience only. In matters of interpretation and application, the English version of the Terms shall take precedence over translations.

4. Provision of Services by MOTO

4.1 Service Providers: 
MOTO, along with its subsidiaries and affiliated entities worldwide (referred to as “Subsidiaries and Affiliates”), including but not limited to Marina of the Orient and Daker Private Limited, may provide Services. These entities, either directly or on behalf of MOTO, have the right to deliver the Services to you.

4.2 Contact and Personal Information: 
When you engage with MOTO through various communication channels and provide personal information such as email and phone numbers, you are deemed to consent to MOTO and/or its sister companies collecting, using, disclosing, and processing your personal data for marketing or client communication purposes. You have the option to opt-out by notifying us through the same channel.

5. Service Agreement

5.1 Core Services: 
Marina of the Orient primarily offers yacht charter services among other offerings.

5.2 Boarding Location: 
Typically, embarkation and disembarkation occur at the designated yacht berthing location, as specified in Additional Terms or Charter Agreements where applicable. Special boarding arrangements are possible upon request, subject to additional charges where relevant.

5.3 Pricing: 
All quoted prices are in Singaporean currency, unless otherwise specified. Yacht charter rates include exclusive vessel use, boat captain, crew, and fuel/utilities for the agreed duration, unless stated otherwise in Additional Terms. Extended charters may incur separate charges for fuel and utilities, subject to Additional Terms.

5.4 Food and Beverage: 
Yacht charter rates do not include food and beverages. Prearranged catering, subject to availability and varying for different yachts, must be organized at least 3 days prior to the charter date. Third-party catering and corkage fees may apply, depending on the yacht charter.

5.5 Booking Policy: 
Bookings are accepted on a first-come, first-served basis, contingent on specified yacht availability.

5.6 Payment Policy:
Full payment is required to secure a yacht charter reservation. Where feasible, payment should be made in full at least 1 month before the charter date. Credit terms may be discussed on a case-by-case basis.

5.7 Cancellation Policy:
Cancellation policies apply as follows:

   (A) Cancellations within 14 days of the yacht charter date result in a 100% charter fee charge, with no refund or rescheduling.

   (B) Cancellations within 1 month of the charter date incur full payment of the charter fee, with a potential 50% refund at MOTO’s discretion.

   (C) Cancellations more than 1 month in advance may allow a refund of up to 100% of the full charter fee.

   (D) Refunds, if applicable, apply solely to the charter fee component and may be in cash or credit.

   (E) Cancellation timing during office hours or after office hours affects the effective cancellation period.

   (F) Charges for food catering or other services are non-refundable upon charter cancellation.

5.8 Rescheduling Policy: 
Rescheduling is subject to policy guidelines:

   (A) Rescheduling more than 1 month before the charter date is free.

   (B) Rescheduling within 1 month incurs an additional 50% charter fee as a rescheduling fee.

   (C) Office hours and timing influence rescheduling terms.

   (D) Weekend-to-weekday and weekday-to-weekend reschedules have specific fee implications.

   (E) Rescheduled bookings must be made within 1 month of the original booking date.

5.9 Administration Fee: 
A $350 administration fee applies for each cancellation, potentially subject to waiver in exceptional cases.

5.10 Punctuality: 
MOTO reserves the right to consider the charter canceled if the charterer is more than an hour late from the designated start time. Late arrivals do not warrant time compensation.

5.11 No-Show Policy: 
Arrival more than an hour after the charter start time, without prior notification to the coordinator, is considered a no-show with no refunds.

5.12 Time Extension: 
Requests for time extensions should be made at least 3 days in advance, subject to availability and MOTO’s discretion.

5.13 Coordinator Contact: 
The charterer must attempt to contact the MOTO coordinator before the charter, with contact details provided along with charter information.

5.14 Special Requests: 
Additional charges may apply for special requests, such as cruising to different destinations or extended charters.

5.15 Unforeseen Circumstances: 
MOTO reserves the right to cancel a charter due to unforeseen circumstances, with potential rescheduling and consideration for client satisfaction.

5.16 Captain’s Authority: 
The captain may cancel the charter if sea or weather conditions are deemed unsafe, applying the cancellation policy. Unsafe behavior by guests may result in no cancellation refund. MOTO may also recall the vessel due to severe weather, with no refund if the charterer chooses to end the charter prematurely.

5.17 Charter Fulfillment: 
Once the yacht departs the marina, the charter is considered fulfilled, and no cancellations or refunds are applicable.

5.18 Proper Use: 
The charterer agrees to use the yacht exclusively for recreational purposes and not engage in commercial activities or violate any laws, including maritime regulations.

5.19 Governing Law: 
This Agreement is governed by Singaporean law, except for admiralty or maritime claims under the Maritime Port Authority of Singapore.

5.20 Mechanical Issues: 
In the event of mechanical issues preventing the yacht from sailing, clause 5.7(F) applies, and MOTO refunds the full charter amount.

5.21 Substitute Yacht: 
MOTO may substitute a yacht of equal or lower charter value if the specified yacht is unavailable due to circumstances beyond control, applying the cancellation policy if a substitution is not possible.

5.22 Indemnification: 
Charterer indemnifies MOTO and acknowledges that MOTO and its employees are not liable for any injuries, losses, or damages arising from the use of the yacht, its equipment, or activities.

5.23 Damages: 
The charterer is responsible for damages resulting from negligence or willful misuse by themselves, their guests, or family members. Determinations of negligence or willful misuse are at MOTO’s sole discretion.

5.24 Terms and Conditions: 
By chartering a yacht from MOTO, you agree to both the General Terms and any applicable Additional Terms. In case of conflict, Additional Terms prevail.

6. Exclusion of Warranties

6.1 Warranty Disclaimer: 
Nothing in these Terms, including Sections 6 and 7, limits MOTO’s liability for losses that cannot be lawfully excluded or limited under applicable law. Some jurisdictions do not allow certain warranties or liability exclusions, in which case, the limitations in your jurisdiction apply.

6.2 Service “As Is”:
Your use of the Services is at your own risk, and MOTO provides them “as is” and “as available.”

6.3 No Guarantees: 
MOTO, its subsidiaries, affiliates, and licensors do not guarantee that the Services will meet your requirements, operate uninterrupted, be error-free, or provide accurate information.

6.4 No Additional Warranties: 
Any advice or information obtained through the Services, whether oral or written, does not create warranties beyond those expressly stated in the Terms.

6.5 Limited Implied Warranties: 
MOTO expressly disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

7.1 Liability Limitation: 
Except as provided in Section 6.1, MOTO, its subsidiaries, affiliates, and licensors are not liable for:

(A) Direct, indirect, incidental, special, or consequential damages, including loss of profit, goodwill, data, or the cost of substitute goods or services.

(B) Any loss or damage incurred by you.

7.2 Application of Liability Limitations: 
The limitations on MOTO’s liability in Section 7.1 apply regardless of whether MOTO was advised or should have been aware of the possibility of such losses.

8. Changes to the Terms

8.1 Modification Authority: 
MOTO may amend the General Terms or Additional Terms periodically. Updated General Terms will be available at [https://www.marinaoftheorient.sg/tnc], and new Additional Terms will be accessible through the affected Services.

8.2 Acceptance of Changes: 
Continued use of the Services after changes to the General Terms or Additional Terms signifies acceptance of the updated terms.

9. General Legal Provisions

9.1 Entire Agreement: 
The Terms constitute the complete legal agreement between you and MOTO, governing your use of the Services, and supersede any prior agreements related to the Services.

9.2 Notices: 
MOTO may provide notices, including changes to the Terms, through email, regular mail, or Service postings.

9.3 No Waiver:
MOTO’s failure to enforce any legal right or remedy in the Terms does not constitute a waiver of those rights.

9.4 Invalid Provisions:
If a court deems any provision of the Terms invalid, that provision will be removed without affecting the remaining valid provisions.

9.5 Governing Law and Jurisdiction: 
The Terms and your relationship with MOTO are governed by Singaporean law, and any legal disputes shall be resolved exclusively by the courts in Singapore. MOTO retains the right to seek injunctive remedies in any jurisdiction.