Términos del servicio

Evilot Enterprises Yachts - Terms of Service

These Terms & Conditions of Service (“Terms”) are a binding legal agreement between you and Evilot Enterprises that govern your use of the Evilot Enterprises website and the use of the services rendered by Evilot Enterprises. (collectively, the “Evilot Enterprises Platform”). The Evilot Enterprises Platform offers an online venue that enables users (“Clients”) to search for, and book charters on independently owned yachts that are in no way owned, operated, or controlled by Evilot Enterprises. Individuals who offer their vessels or yachts for “demise” charter use are “Owners”. Individuals who search for, book, or use services are “Charterers.” Owners offer demise charters (“Charters”), and each Charter service offering with its corresponding description is a “Listing”. As the provider of the Evilot Enterprises Platform, Evilot Enterprises does not own, control, offer or manage any Listings or any of the yachts or vessels featured in any of the Listings. Evilot Enterprises does not employ, hire, or manage any of the crew members that may be working on any of the vessels or yachts listed. Evilot Enterprises is not a party to the contracts concluded directly between Owners and Charterers, nor is Evilot Enterprises a yacht brokerage firm, crew employer or insurer. Evilot Enterprises is not acting as an agent in any capacity for any Owner or Charterer, except as to receive payment for Owner from any Charterer for the respective Listing. Evilot is strictly a 3rd party service - Evilot Enterprises is not liable for any onboard mishaps or issues.

If you charter a vessel or yacht, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your charter of the Listing. You, the Charterer are responsible for ensuring that you are in compliance with any and all relevant laws and regulations of any relevant government authorities. Evilot Enterprises is not liable for anything including but not limited to: on board negligence, captain issues, boat issues, owner issues, or anything related to the charter as these are the responsibilities of the captain, crew, owner, and the charterer (you). Evilot Enterprises is strictly a facilitator of the transaction and holds no liability if anything happens on the charter as the contract is between the charterer and the owner. 

In the event that a customer does not derive satisfaction from their time aboard the charter or encounters any unforeseen circumstances, it is important to note that such occurrences do not warrant a refund of any kind. We emphasize that all deposits made are 100% non-refundable, and no exceptions shall be made under any circumstances.

Nonetheless, Evilot Enterprises remains dedicated to ensuring an exceptional experience for our esteemed clientele. In pursuit of this commitment, we shall utilize all available resources to accommodate our customers' needs by offering alternatives such as rescheduling or providing credit towards a future yacht charter experience. It should be noted that rescheduling or credit options are contingent upon availability and must be utilized for a charter of equivalent value, either on the same vessel or a comparable alternative.

We understand that customer satisfaction is of utmost importance, and we strive to address any concerns or challenges that may arise during the charter. However, it is essential for customers to familiarize themselves with the specific terms and conditions outlined in our charter agreement, as these may provide further clarity regarding our policies and procedures.

General Terms

  1. Our Mission.

Our mission is to provide you access to hundreds of vessel Listings that will allow you to enjoy the Miami waterways. To learn more about a Listing review the description and photos and Guest reviews. If you have any questions, just email the contact listed.

  1. Searching and Booking.

2.1 Searching. You can search for vessel Listings by clicking on “Yachts” and reviewing the Vessel listed to see its size, passenger capacity, and rate. Please note that NO VESSEL CAN CARRY MORE THAN TWELVE (12) PASSENGERS ON BOARD AT ANY TIME. Vessels can only be used in Miami and AT NO TIME SHOULD ANY VESSEL LEAVE FLORIDA WATERS. 

2.2 Booking. When you book a Listing, you are agreeing to pay all charges related to your Charter including the Listing price for the amount of time that you have booked the Charter for (depending on 4 hour, 6 hour, or 8 hour selection), possible sales tax, and any other items (i.e. catering, party packages, jet skis) identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for the charter of the Vessel (sometimes called a “Charter Agreement”) is formed directly between you and the Owner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Owner. Be aware that each Charter Agreement for each corresponding Vessel may be different so you should carefully review the terms of each Charter Agreement before agreeing to the terms therein with the Owner. 

  1. Cancellations, Travel Issues and Refunds.

In general, if you, as a Charterer cancel a Booking, the amount refunded to you is determined by the cancellation terms set forth in the corresponding Charter Agreement that applies to that Booking and your respective agreement with the Owner. All deposits are NON-REFUNDABLE. Evilot Enterprises does not have any say in the agreement between the charterer (you) and the owner of the vessel. Evilot Enterprises is only responsible for the deposit made which is always, under all circumstances, a NON-REFUNDABLE deposit as outlined throughout our website. 

  1. Your Responsibilities and Assumption of Risk.

4.1 Your Responsibilities. You, the Charterer are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to the Vessel or Charter. For example, this means: (i) you are responsible for leaving a Vessel (and related personal property) in the condition it was in when you and your guests arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If your guests include a minor or if you bring a minor to a Charter, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Evilot Enterprises Platform and any Content (as defined in Section 10), including your Charter of a Vessel or any other interaction you have with a Captain or Crew whether in person or online. This means it is your responsibility to review a Vessel and the corresponding Charter Agreement to determine whether it is suitable for you.

General Terms

5.Evilot Enterprises Rules.

You must follow these rules and must not help or induce others to break or circumvent these rules.

  • Honor your legal obligations
    • Understand and follow the laws that apply to you, including limitations on passengers, not bringing any drugs or illegal substances on board the Vessel.
    • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Charter.
    • Do not use or register any social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Evilot Enterprises.
    • Do not offer or solicit prostitution or participate in or facilitate human trafficking.
    • Do not bring any firearms on board the Vessel, at any time.
  1. Term of this Agreement.

The agreement between you and Evilot Enterprises reflected by these Terms is effective when you access the Evilot Enterprises Platform (for example to “request a booking”) and remains in effect until either you or we terminate the agreement by terminating the corresponding Charter Agreement, these Term of this Agreement will survive the conclusion of a Charter. Parts of these Terms that by their nature survive termination, will survive termination of this agreement.

  1. Evilot Enterprises Role.

We offer a platform that enables Owners to publish, offer, and book charters on their vessels. While we work hard to ensure our Owners have great experiences using the Evilot Enterprises platform, we do not and cannot control the conduct of Owners, Captains, crews and Charterers. You acknowledge that Evilot Enterprises has the right, but does not have any obligation, to monitor the use of the Evilot Enterprises Platform and verify information provided by Owners and Charterers. For example, we may review, disable access to, remove, or edit Content to: (i) improve the Evilot Enterprises Platform; (ii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iii) address Content that we determine is harmful or objectionable; (iv) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Evilot Enterprises platform users, including but not limited to Owners and Charterers acknowledge and agree that Evilot Enterprises is not acting as an agent for any Owner except for when Evilot Enterprises acts as a collection agent in collecting payment for the Charters as agreed to in any Charter Agreements entered into by and between Owners and Charterers.

  1. Disclaimer of Warranties.

WE, Evilot Enterprises, PROVIDE THE Evilot Enterprises PLATFORM AND ALL CONTENT “AS IS” WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Vessel, Listing or third party; (ii) we do not warrant that verification, identity or background checks conducted on Listings, owners, or Charterers (if any) will identify past misconduct or prevent future misconduct; (iii) we do not warrant the performance of the services agreed to by and between the Owners and the Charterers. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

  1. Limitations on Liability.

Neither Evilot Enterprises (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Evilot Enterprises Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of goodwill, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Evilot Enterprises Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Evilot Enterprises Platform. 

Except for our obligation to transmit payments to Owners under these Terms, in no event will Evilot Enterprises aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Owners, or your use of or inability to use the Evilot Enterprises Platform, exceed: (A) to Charterers, the amount you paid as a Charterer for the relevant Charter that gave rise to the liability, (B) to Owner, the amount paid to you or that was to be paid to you for the relevant Charter giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and Evilot Enterprises. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

  1. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Evilot Enterprises’ option), indemnify, and hold Evilot Enterprises and their personnel harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms, (ii) your improper use of the Evilot Enterprises Platform, (iii) your interaction with any Owner, Vessel, Captain or Crew Member related in any way to your use of the Evilot Enterprises platform,  including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, charter, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations, or third party rights such as intellectual property or privacy rights.

  1. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in state or federal court in Miami, Florida, unless both Evilot Enterprises and the other relevant party agrees to some other location. You and we both consent to venue and personal jurisdiction in Miami, Florida.

  1. Jury Trial Waiver. You and Evilot Enterprises acknowledge and agree that we are each waiving the right to a trial by jury.
  2. Miscellaneous.

13.1 No Waiver. Evilot Enterprises failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

13.2 Force Majeure. Evilot Enterprises shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

13.3 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide to Evilot Enterprises when “requesting a booking” or quote. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply.

13.4 Contact Us. If you have any questions about these Terms please email us at info@evilotenterprises.com

 

Evilot Enterprises Aircraft Charter - Terms of Service

1. Acceptance of Terms: By booking a private jet charter with Evilot Enterprises, you agree to abide by these Terms of Service and all applicable laws and regulations. Please carefully review these terms before confirming your charter.

2. Charter Booking: 2.1 Reservation Confirmation: Your charter reservation is confirmed upon receipt of a non-refundable deposit, which secures the selected aircraft and travel dates. 2.2 Payment: Full payment for the charter is due prior to the departure date, as specified in your booking agreement.

3. Aircraft Charter: 3.1 Charter Details: We will provide you with a detailed charter agreement outlining the specific aircraft, itinerary, and terms of your charter. 3.2 Charter Changes: Any changes to the charter itinerary must be agreed upon in writing and may be subject to additional charges. 3.3 Flight Delays: While we strive to adhere to the schedule, flight delays or modifications may occur due to weather, air traffic control, or other unforeseen circumstances.

4. Refunds and Cancellations: 4.1 Deposits: All deposits for private jet charters are non-refundable. 4.2 Cancellation Policy: Cancellations made within 7 days of the scheduled departure date are non-refundable. 4.3 Refund Eligibility: Refunds are only considered if requested outside the 7-day window and are subject to a review by Evilot Enterprises (does not include deposit)

5. Private Jet Add-Ons: 5.1 Add-On Purchases: Private jet add-ons, including in-flight amenities and services, are non-refundable. 5.2 In-Flight Experience: We make every effort to fulfill add-on requests, but specific items or services may be subject to availability and substitutions.

6. Liability and Indemnity: 6.1 Passenger Liability: Passengers are responsible for adhering to all safety instructions and regulations during the charter. 6.2 Indemnification: Evilot Enterprises is not liable for any loss, damage, injury, or delay arising from acts of negligence, force majeure, or any actions outside our control.

7. Dispute Resolution: In the event of any disputes or concerns, we encourage you to contact our customer service team promptly for resolution. If a dispute cannot be resolved amicably, it may be subject to binding arbitration in accordance with the rules of the American Arbitration Association.

8. Privacy and Data Security: We take your privacy seriously and handle your personal information in accordance with our Privacy Policy.

9. Governing Law: These Terms of Service are governed by the laws of the state of Florida, and any legal actions arising from these terms shall be conducted in the courts of Florida.

10. Amendments and Updates: Evilot Enterprises reserves the right to amend or update these Terms of Service at any time. It is your responsibility to review these terms periodically for any changes.

By booking a aircraft charter with Evilot Enterprises, you acknowledge and agree to these Terms of Service. We are committed to providing you with exceptional service and look forward to serving your private jet travel needs.

 

Evilot Enterprises Apparel - Terms of Service

1. Acceptance of Terms: By purchasing apparel from Evilot Enterprises, you agree to comply with these Terms of Service and all applicable laws and regulations. Please review these terms carefully before making a purchase.

2. Ordering and Payment: 2.1 Order Confirmation: Your order is confirmed upon successful payment processing. You will receive an order confirmation email with details of your purchase. 2.2 Payment: Full payment is required at the time of purchase through our secure online payment system.

3. Shipping and Delivery: 3.1 Shipping Times: Shipping times may vary based on location and product availability. We strive to process and deliver orders promptly. 3.2 Shipping Charges: Shipping fees are calculated at checkout and are the responsibility of the customer. 3.3 Delivery Address: Please ensure that the shipping address provided is accurate and complete to avoid delivery issues as these will not be grounds for a refund or return.

4. Returns and Refunds: 4.1 Returns Policy: We accept returns for items within 30 days of the delivery date. Items must be in their original condition with tags attached. 4.2 Refund Process: Refunds are processed within a reasonable timeframe upon receipt and inspection of returned items. Shipping fees are non-refundable. 4.3 Exclusions: Personalized or custom items, including embroidery and DTG printing, are non-returnable and non-refundable.

5. Product Quality and Warranty: 5.1 Quality Assurance: We stand by the quality of our products and ensure they meet industry standards. 5.2 Defective Items: If you receive a defective item, please contact us immediately for resolution. We may request photos or additional information to assess the issue. 5.3 Warranty: Apparel is covered by a limited warranty against manufacturing defects. The warranty does not cover normal wear and tear or damage resulting from misuse.

6. Privacy and Data Security: We value your privacy and handle your personal information in accordance with our Privacy Policy.

7. Intellectual Property: 7.1 Trademarks: All trademarks, logos, and designs displayed on our products are the property of Evilot Enterprises and may not be used without our express permission. 7.2 Copyright: All content, including product images and descriptions, is protected by copyright and may not be reproduced without our consent.

8. Customer Support: For inquiries, concerns, or assistance, please contact our customer support team. We are dedicated to providing excellent customer service.

9. Governing Law: These Terms of Service are governed by the laws of the state of Florida, and any legal actions arising from these terms shall be conducted in the courts of Florida.

10. Amendments and Updates: Evilot Enterprises reserves the right to amend or update these Terms of Service at any time. It is your responsibility to review these terms periodically for any changes.

Thank you for choosing Evilot Enterprises for your apparel needs. We are committed to delivering high-quality products and a seamless shopping experience. If you have any questions or require assistance, please do not hesitate to contact us at contact@evilot.com