Terms and Conditions

Terms and Conditions

Last updated: November 27, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Sint Maarten.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Renegades B.V., Welfare Road 68 Unit 17, Cole Bay Lagoon.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, testimonials, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.

Goods refer to the items, such as sailing packages, charters, tours, tickets, or any other item, offered for sale on the Service.

Orders, also referred as “Bookings”, mean a request by You to purchase Goods from Us.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to both the Website and the Vessel on which Your tour takes place.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Renegades, accessible from https://www.sailrenegades.com

Vessel refers to the boat, catamaran, tender, or any other motorized or non-motorized Vessel on which Your tour takes place.

Captain means the person licensed to operate the Vessel and who has governing responsibility for the health and safety of the Participants, Crew, and Vessel.  

Crew means any person employed by, or working on behalf of, Our Company, and who reports to the Captain.  

You, also referred as “Participant”, means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service unless accompanied by an adult.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing and Changing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Orders cancelled by Us, if applicable, will be refunded. 

Your Order Cancellation Rights

Any Goods You purchase can only be refunded in accordance with these Terms and Conditions and Our Refund Policy. Our Refund Policy forms a part of these Terms and Conditions.

Making Changes to Your Order

After Your Order has been placed, You can make changes to Your Booking as follows:

For private charter Bookings:

For shared charter Bookings:

Refund Policy

Your Order is eligible for a refund, if cancelled as per the following:

For private charter Bookings:

For shared charter Bookings:

We will refund the eligible amount to the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

Goods purchased in Our onboard Renegades Shop, such as t-shirts, hats, and any other items, are final sale and not eligible for a refund.

Availability, Errors, Prices, and Payments

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our Goods on the Service and in Our advertising on other Websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order. The price of Our Goods includes applicable taxes. Fees are added on top of the price of the Goods.

Payments

All Goods, including taxes and fees, purchased are subject to a one-time payment. Payment can be made through various payment methods We have available, such as credit cards or any other online payment methods.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as Well as Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party Web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party Web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Waiver of Liability

The Participant acknowledges and agrees that certain risks and dangers are involved with the services and activities offered by the Company, including risk or personal injury to the Participant.

To the fullest extent permitted by law, You agree to waive and relinquish all Your legal rights or actions against the Company, and You fully release and indemnify the Company for any loss, damage, or personal injuries You may suffer or sustain arising out of or in relation to the services and activities rendered by the Company, except for circumstances of gross negligence or malintent committed by the Company.

You agree and acknowledge that You undertake the activity freely, voluntarily and at Your own risk considering the risks and hazards involved.

You warrant that You are 18 years of age or over, or in the event of a minor child/ children participating in the offered activities, that You are the lawful guardian of said child or children. You also agree and acknowledge that You and/or Your minor child or children, if any, are physically fit and do not have any (pre)- existing physical, medical or other conditions which might impair Your ability to safely undertake the offered activities and services.

Health and Safety Policy

We are committed to the health and safety of Our Participants, Crew, and Vessels. This Safety Policy describes the safety practices We have in place, and the shared responsibility of both Our Crew and You as a Participant to ensure the safe and efficient operation of Our Vessels, as well as the prevention of pollution when on board. 

Certifications and Training

We comply with the regulations set out in the Small Commercial Vessels (SCV) Code, 2021. The SCV Code prescribes operating standards for safety, seafarer certification, and Well-being and protection of the marine environment for small commercial Vessels operating in the Caribbean Trading Area (CTA). Our Vessels are inspected for maritime safety compliance and operate with a valid SCV Safety Certificate available for Participant review.

Our Captains and Crew are trained and certified in accordance with the Global Standard for Maritime Training and the Standards of Training, Certification, and Watchkeeping for Seafarers (STCW).

The Captain is responsible for using all reasonable means to make sure the Vessel is seaworthy before and during each voyage, protecting the Vessel and the Participants and Crew on board from hazards, and operating within legal limits. The Crew are responsible for carrying out their duties in a safe manner, and letting the Captain know if they become aware of any hazard or anything else that might affect safe operations of the Vessel.

Life Jackets and Flotation Devices

Our Vessels are equipped with the number of Safety of Life at Sea (SOLAS) approved adult sized life jackets equivalent to the maximum number of people permitted to be carried on board. Vessels are also equipped with the number of child size and infant size SOLAS life jackets equal to at least 10% and 2.5% respectively, of the total number of people carried on board or such greater number as may be required to provide a life jacket for each child and infant. We also carry a number of Personal Flotation Devices (PFDs) as additional equipment.

Participants are required to Wear a SOLAS life jacket when instructed by the Captain. We encourage the use of PFDs when underway, swimming, and using motorized and non-motorized water toys or equipment. If adult Participants decide not to wear a PFD, it is done so at their own risk. Parents and, or lawful guardians are responsible for discerning the use of PFDs by their children and infants.

Food and Alcohol Safety

We ensure that food and beverages are handled and prepared in accordance with food safety regulations, and that Our Crew are trained and certified in food handling safety.

Participants are recommended to advise of any known food allergies at the time of booking, so that accommodations can be made. 

The legal age to consume alcohol in Sint Maarten is 18. We take measures to ensure responsible alcohol beverage service onboard Our Vessels and reserve the right to refuse service to Participants whose overconsumption of alcohol is deemed to be hazardous to the safe operation of the Vessel, and to other Participants or Crew. 

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us:

By email: ahoy@sailrenegades.com

By visiting this page on Our Website: https://www.sailrenegades.com/contact-us