Refund Policy

Terms. Client ("Charterer") accepts these Terms and Conditions ("Terms") by signing and/or accepting 404 Boating LLC's ("404 Yachting") proposal, by instructing 404 Yachting to provide Charterer with services, or by paying for 404 Yachting's services. No additional or different terms, conditions, or warranties, oral or written, other than those identified in a Proposal, will be binding on 404 Yachting unless made in writing and signed by 404 Yachting. Charterer and 404 Yachting may be referred to individually as "Party" or collectively as "Parties".

1. Proposal. 404 Yachting provides bareboat charter services as detailed on its Website ("Website"). The Website lists all the "Services" which include the "Vessel", any additional equipment, tableware, pick-up place, and date, as well as the service fee ("Fee") and any other applicable fees (all together "Proposal"). In the event of any inconsistency between these Terms and the Proposal, these Terms will control.
2. Bareboat Services. Charterer expressly acknowledges that the Services are on a bareboat basis, meaning that Charterer is responsible for the Vessel, their guests, all passengers, and invitees, for hiring their captain and crew, for supplying their own food & beverage, and Charterer will comply with all laws, regulations, and other applicable recommendations.
3. Vessel will be as described on the Website. The Vessel may NOT carry more than eleven (9) passengers and is deemed to be provided to Charterer in clean and good repair condition unless Charterer or its Captain notifies (by email) 404 Yachting of the contrary with photo evidence, immediately upon delivery. Vessels may include other equipment such as floating lily pads and/or inflated paddle boards for which Charterer is also responsible. No pets are allowed.
4. Term and Termination. Upon Charterer selecting the date and time of the Services ("Rental Period"), specifying the number of passengers, agreeing with the Proposal, and completing payment of the Fee, Charterer acknowledges that any payments made are non-refundable unless explicitly stated in these Terms. Furthermore, Charterer understands that such payment does not exempt them from any additional payments as outlined in these Terms.
5. Termination by 404 Yachting. 404 Yachting reserves the right to terminate the Services and release itself from any further obligations under these Terms if Charterer fails to comply with any provisions of these Terms and/or with any other obligations. 404 Yachting may terminate the Services in the following instances:  (i) Captain's credentials being deemed unacceptable, or (ii) Charterer or any passengers' failure to sign the Liability Waiver prior to the Rental Period. In such cases, Charterer acknowledges that Fee will not be reimbursed.
6. Booking Adjustments. Requests for any changes, revisions, or additions to the Services (including but not limited to changes in Rental Period and Vessel) must be communicated in writing via email to 404yachting@gmail.com and may result in an adjusted fee. A new date or other changes will be considered accepted only upon receiving written confirmation from 404 Yachting. Revisions requested three (3) business days or less before the Rental Period may not be accommodated. 404 Yachting will make reasonable efforts to accommodate such changes but reserves the right to refuse them at its discretion and terminate the Proposal. No refund will be issued. Any revisions are subject to the confirmation of a new contract.
7. Weather. 404 Yachting reserves the right to cancel the Services in case it considers, at its own discretion, the weather to be non-charterable, be it because of large waves, heavy rains, thunderstorms, heavy winds, or other conditions. In this case, rescheduling (at no additional cost) must be done by the Charterer within twelve (12) months of the Rental Period, subject to Services availability. The Charterer acknowledges that any other weather conditions, such as cloudy weather, light rain, or passing storms, are deemed charterable conditions.
8. Cancellation. Cancellation by the Charterer for any reason more than three (3) days before the Rental Period, including if due to an event outside the control of the Charterer, shall entitle the Charterer to be rescheduled to an alternative date, subject to availability. However, if the cancellation occurs within two (2) days or less before the scheduled date, no refund shall be honored and  will automatically result in the loss of the total Fee. Any cancellation must be made in writing via email to  404yachting@gmail.com.
9. Payments. The Charterer is required to make payments using a credit card or Zelle. By accepting the Proposal, the Charterer agrees to provide 404 Yachting with a valid credit card number. The Charterer acknowledges and expressly agrees that the provided credit card will be automatically charged for: Any additional charges, such as Late Fees, cost of replacement, and/or Damage Fee, as specified in these Terms.
10. Charterer’s Obligations

• Operation and maintenance. In accordance with Section 3 above, the Charterer will be responsible for the Vessel during the Rental Period. The Charterer shall comply with all applicable laws and regulations while operating and using the Vessel and shall return it in the same condition and good repair as when received. The Charterer shall ensure that none of the passengers impairs the proper operation of the Vessel and shall not tamper with the Vessel, its instruments, engine, or any other equipment. The Charterer assumes all risks of loss and damages to the Vessel from any cause whatsoever. In the event of a breach of this maintenance obligation, a Damage Fee will apply to cover any cost of repair by a third party selected by 404 Yachting, along with a fee of one thousand five hundred dollars ($1,500) per day calculated over the period of time the Vessel may not be rented. The Damage Fee will be automatically charged to the Charterer’s credit card.
• Others. The Charterer must ensure that no red wine, glass tableware, weapons, or other inflammable or hazardous items are brought onto the Vessel. The Charterer must also ensure that upholstered items are not damaged or returned with any strong scents, including, but not limited to, smoke (whether from tobacco, cannabis, or other sources). In the event of any damage or strong smells, the Damage Fee detailed in Section 10.1 above will apply. If any equipment (including, but not limited to, boat equipment, tableware, instruments, etc.) provided by 404 Yachting is missing at the end of the Rental Period, the Charterer will be charged for the cost of replacement. This charge will be automatically applied to the Charterer’s credit card.

 11.  Warranties and Liabilities. The Charterer acknowledges and accepts the Vessel and the Services "AS IS". 404 Yachting does not make any warranties or guarantees, express or implied, as to the Services, Vessel, or results from either (including, but not limited to, any implied warranty of merchantability, durability, or fitness for a particular purpose). 404 Yachting will not be liable for any incidental, special, punitive, or consequential damages arising out of or in connection with the Services or the Vessel.

 12. Liability Release. The Charterer and any other passenger participating in the Services voluntarily agree to participate in the Services and will use them at their sole risk. The Charterer voluntarily assumes the risk and danger of injury or death inherent to the use of the Services and releases 404 Yachting, its owners, agents, employees, officers, members, premises owners, and insurers from legal liability due to any ordinary negligence. They further agree not to bring any claims, demands, legal actions, or causes of action against 404 Yachting, its owners, agents, employees, officers, members, or insurers for any economic and non-economic losses resulting from bodily injury, death, or property damage sustained by the Charterer, any minor passengers they are responsible for, any of their employees, invitees, guests, or other passengers in relation to the Vessel and the Services. The Charterer agrees not to use the Services without providing 404 Yachting with a Liability Waiver signed by the Charterer and each of the passengers. The Charterer expressly agrees that minors must be supervised at all times and are required to wear life jackets at all times. Passengers under the influence of alcohol or drugs must be assisted and may not swim. 404 Yachting is not responsible for any lost or damaged personal items of the Charterer or any passengers, and the Charterer expressly agrees that 404 Yachting is entitled to remove and/or destroy any items left on the Vessel after the Rental Period.

 13. Limited Liability. If the Charterer notifies 404 Yachting immediately upon delivery of the Vessel of any issues regarding the state of the Vessel (cleanliness or good repair) in accordance with Section 3 above, and if 404 Yachting agrees in writing with the Charterer's claim, 404 Yachting's sole responsibility will be to reschedule the Rental Period. In this case, rescheduling must be done by the Charterer within twelve (12) months of the Rental Period, subject to Services availability. If the Charterer does not notify 404 Yachting immediately upon delivery, the Vessel will be deemed accepted. In the case of malfunctioning of the Vessel during the Rental Period, for a reason other than the Charterer's or any passengers' or Captain's fault or negligence, 404 Yachting will reimburse the Fee less the cost of fuel already used.

 14. Total Liability. 404 Yachting's total liability hereunder for any damages, regardless of the form of action, will not exceed the Fee paid for Services.

 15. Indemnification. Each Party ("Indemnifying Party") agrees to indemnify and hold harmless the other Party, 404 Yachting, and its officers, managers, members, agents, representatives, employees, guests, invitees, and affiliates from and against all claims, demands, fines, causes of action, judgments, liabilities, lawsuits, costs, and expenses, including, without limitation, attorneys' and paralegals' fees, arising out of or related to (i) the activities performed by the Indemnifying Party and its guests or invitees, (ii) a breach by the Indemnifying Party of any term, warranty, or provision in these Terms, and (iii) the Indemnifying Party's failure to comply with the law.

16. Intellectual Property and Marketing. Charterer grants 404 Yachting the right to use Charterer's name, logo, and likeness for any marketing purposes, including, but not limited to, use on 404 Yachting's website and social media accounts, provided that Charterer may set certain reasonable criteria for such use.

 17. General 

1. Force Majeure. 404 Yachting will not be liable to Charterer for any breach of these Terms caused by events beyond 404 Yachting's control, including, without limitation, failures or delays in transportation or communication; natural disaster; media or publication issues; complications caused by pandemics, emergency orders, or public safety guidelines; failures or substitutions of equipment; accidents; shortages of materials or equipment; or technical failures. 404 Yachting will make its best efforts to remedy such breach as soon as reasonably possible after the force majeure circumstances that prevented compliance have abated.
2. Notices. Notices will be given in writing via email to the email addresses mentioned in the Proposal by 404 Yachting.
3. Counterparts. Each Proposal may be executed in multiple counterparts, each of which will constitute an original and together constituting one agreement, and/or may be entered into by e-signatures. This provision applies to the agreements entered into by 404 Yachting.
4. Severability. If a court or arbitrator concludes that any provision or wording of these Terms is unenforceable under applicable law, it will not invalidate the entire Terms and Conditions. The unenforceable provision will be modified as little as possible but sufficiently to make it valid or enforceable. If such provision cannot be so limited, it will be severed from these Terms and Conditions and the remainder will remain valid. This provision applies to the agreements entered into by 404 Yachting.
5. Waivers. Any express or implied waivers of any provision of these Terms by 404 Yachting will not be construed as future waivers of such provision.
6. Assignment. Charterer may not assign any Proposal or Services without the written and signed consent of 404 Yachting. The benefits and obligations in each Proposal will be binding upon the Parties' respective successors and assigns. Each Proposal will transfer to the resulting entity in the event of any acquisition or merger by or of either Party.
7. Applicable Law. These Terms and Conditions and any Proposal will be governed by and construed in accordance with the laws of Illinois, without regard to the principles of conflicts of law.
8. Dispute Resolution. If a dispute arises, the Parties will engage in good faith negotiations. If such negotiations fail to resolve the dispute within thirty (30) days, the dispute will be exclusively settled through confidential binding arbitration in Cook County, IL. The arbitrator will be appointed in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The costs of arbitration will be shared by the Parties, except that the arbitrator may (and will, if there is a prevailing party) award costs and attorneys' fees in its decision.