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Terms & Conditions

The following Terms and Conditions per Service applied.

Luxury Products & Services by “F” Luxury World Ltd retains the right to change the terms from time to time and/or every individual Agreement having informed the Client before accepting the order by signature.

Villa rentals

The booking contract is between the hirer and the owner of the property for which the booking is made and incorporates the conditions set out below. The price includes accommodation as specified, use of utilities including pool heating, but NOT flights, car hire, holiday insurance etc.

A non-refundable deposit of 30% must accompany the signed booking sheet. The balance of payment (70%) must be received in full at least 6 weeks prior to the commencement of the holiday. If the booking is made within 6 weeks of the commencement date then full payment must accompany the booking. We reserve the right to cancel the booking if the payments are not received by the due date; cancellation charges will apply as set out in the next section.

Cancellation by you

Cancellations result in costly charges, including fees and penalties associated with the cancellation of confirmed Villas. Therefore, the following cancellation fees apply:

– 45 days or more before departure will be subject to a 500 Euro per person cancellation fee

– 44 -30 days before departure will be subject to a cancellation fee equal to 50%

– 29-0 days before departure will be subject to a cancellation fee equal to 100%

 

“F” Luxury World – Luxury Travel Services reserves the right to cancel a confirmed booking and refund only the appropriate portion of the deposit if full payment is not provided in accordance with our deposit and full payment policy.

This is not a condition of booking that you must be covered by a travel insurance policy. However insurance is strongly recommended.

“F” Luxury World – Luxury Travel Services shall not be responsible for suppliers’ failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any intentional or negligent actions or omissions on the part of such suppliers. “F” Luxury World – Luxury Travel Services reserves the right to substitute Villas with best available alternatives and make any changes in the itinerary where deemed necessary or caused by airline or ferry schedules, or other reasons.

 

Code of Conduct

All clients undertake to behave with propriety and in such a manner as in no way to cause or be likely to cause damage, distress danger or annoyance to other clients, property and/or any third party. The contract of any client in breach of this clause will be terminated and neither we nor the providers of the services in question will have any further contractual obligations to you.

 

If you have a complaint

If you have cause for complaint whilst on holiday or travelling to your destination, this must be brought to the attention of  “F” Luxury World – Luxury Travel Services immediately so that action can be taken at the time to rectify the problem.

Should the representative/ local agent/ supplier or Service company be unable to resolve the matter, details of the complaint must be notified to “F” Luxury World – Luxury Travel Services in writing within 28 days of the end of your holiday. Any claims received outside this period or these not reported cannot be considered as if you do not tell us about your complaint promptly, it may prove difficult to investigate or rectify your complaint.

 

A. Jet Chartering

GENERAL CONDITIONS

1. DEFINITIONS

In this Agreement unless the context otherwise requires:-

“Agreement” means this Passenger Aircraft Charter Agreement including the Schedule and any appendices or attachments thereto;

“Aircraft” means any aircraft for the time being operated in connection with any Flight;

“Base Date” means the base date stated in the Schedule;

“the Carrier” means the operator of the Aircraft;

“Charter Price” means the amount set out in the Schedule;

“Flight” means a flight described in the Schedule;

“Schedule” means the schedule to this Agreement; and

“STD” means the scheduled departure time of any Flight.

2. CHARTER PRICE AND PAYMENT

2.1 The Charterer shall pay to the Supplier the Charter Price at the time, in the currency, in the amounts and to the address specified in accordance with the provisions set out therefore in the Schedule.

2.2 In the unlikely event of a substantial increase in fuel costs, between the Base Date of the agreement and the date of Flight operation, the Charterer may be required to pay to the Supplier such amount as shall fully compensate the Supplier for such increase.

2.3 Time of payment of the Charter Price shall be of the essence of this Agreement.

2.4 No set-off or counterclaim (whether arising in respect of this Agreement or any other carriage) shall entitle the Charterer to withhold payment of any sums whatsoever payable to the Supplier under or by reason of this Agreement. In the event that the Charterer is required to withhold any part of any payment payable by it to the Supplier hereunder or to make any deduction therefrom, it shall pay such additional amount as may be necessary so that, after making such withholding or deduction, the Supplier shall receive from the Charterer the full amount of such payment.

2.5 Demurrage / Standing Charges may be levied in exceptional circumstances, at the equivalent hourly flying rate to the Charter Price for the Aircraft.

3. AIRCRAFT AND CREW

3.1 The Supplier shall procure the Carrier to provide the Aircraft at the commencement of the Flight properly manned and equipped fuelled and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft and the Aircraft shall be operated in accordance with all applicable laws and regulations during the period of the Flight(s). In the event that any Flight is delayed through no fault of the Supplier or the Carrier, the Charterer shall pay to the Supplier demurrage at the rate set out in the Schedule.

3.2 The times shown in the Schedule are approximate and not guaranteed and the Carrier is entitled to deviate from the Flight schedule and/or the duration of the Flight and/or to reduce the maximum payload. The captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether or not a Flight shall be undertaken or abandoned once undertaken, any deviation from proposed route, where landing shall be made and all such other matters relating to the operation of the Aircraft and the Charterer shall accept all such decisions as final and binding.

3.3 All ground and operating personnel including cabin staff are authorised to take orders only from the Carrier unless specific written agreement shall first have been obtained from the Carrier whereby certain defined instructions may be accepted by such personnel from the Charterer.

3.4 The Supplier may at its discretion and without prior notice substitute the Aircraft of the same category and/or the Carrier and such substitute aircraft and substitute carrier shall, for the purposes of this Agreement, be the Aircraft and the Carrier hereunder.

4. TRAFFIC DOCUMENTS

The Supplier shall procure that the Carrier shall supply or procure the supply of passenger tickets, baggage checks, air waybills and all other necessary documents relating to the carriage undertaken pursuant to this Agreement and the Charterer shall give to the Supplier all necessary information and assistance to complete such documents as soon as possible after the making of this Agreement and, in any event, in sufficient time to be completed for issue to passengers.

5. FLIGHT TIMES, LOADING AND EMBARKATION

5.1 The Charterer shall be solely responsible for ensuring that passengers and their baggage arrive at the specified check-in point at the departure airport in sufficient time to be carried on any Flight. In the event that any passenger of the Charterer fails to arrive in sufficient time to be carried on the Flight the Supplier shall be under no liability whatsoever to the Charterer nor to such passenger. The Supplier shall be under no obligation hereunder to make any alternative arrangements for any such passenger. If the Carrier, in its absolute discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to the Supplier such additional sum that the Supplier may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier and the Supplier thereby incurred.

5.2 In the event of any delay (other than any delay for technical reasons the responsibility for which shall lie with the Carrier) deviation or diversion of any flight, the Charterer shall be solely responsible for any and all accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Charterer’s passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Supplier shall be reimbursed by the Charterer to the Supplier on demand.

5.3 In the event that any passenger of the Charterer is refused entry at any destination airport, the Charterer shall indemnify and keep indemnified the Supplier, its officers, employees, agents and suppliers against any and all cost or expense whatsoever incurred by the Supplier in respect thereof (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or the Supplier by any immigration authority) or of any arrangements made by the Carrier and/or the Supplier to return such passengers to the country from which such passenger was originally carried.

5.4 In the event that:

any agreement between the Carrier and the Supplier in respect of the Aircraft is terminated for whatever reason; or

the Aircraft is detained (whether lawfully or not) by any third party (including but not limited to detention by any aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise); or

the Carrier has an administrator, receiver, administrative receiver, trustee or other like person appointed over a part or all of its assets or business (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business) and as a result the Carrier is unable to perform the Flights at the same cost to the Carrier; or

if the Carrier becomes insolvent, enters into voluntary liquidation or is compulsorily wound up (or any event analogous thereto occurs in any jurisdiction in which the Carrier conducts its business); or

the Carrier, for whatever reason, fails to hold or maintain an Air Operator’s Certificate

then the Supplier shall use its reasonable endeavours to find an alternative carrier to operate such flights as may be affected by the occurrence of any of the above events (“the Affected Flights”), at the same cost to the Charterer.

5.5 In the event that the Supplier is unable so to do, the Supplier shall (subject to the provisions of Clause 10 hereof and provided that the Charterer has duly fulfilled its obligations hereunder) refund to the Charterer such part of the Charter Price previously paid by the Charterer as relates to the Affected Flight(s). In the event that the Supplier is able to arrange an alternative carrier to operate the Affected Flight(s), but only at an additional cost, the Supplier shall notify the Charterer forthwith and the Charterer shall have the option to charter the Aircraft operated by the alternative carrier provided that, if it so elects, it shall pay to the Supplier such additional costs upon demand. If the Charterer does not so elect, the Supplier shall, (subject to the provisions of Clause 10 hereof and provided that the Charterer has duly fulfilled its obligations hereunder), refund to the Charterer such part of the Charter Price previously paid by the Charterer as it relates to the Affected Flights and the Supplier shall thereupon be under no further obligation to the Charterer in relation to the Affected Flights.

6.0 OBLIGATIONS OF THE CHARTERER

6.1 The Charterer shall comply in all respects with the conditions of all permits, licenses and authorities granted for the Flights and will procure such compliance on the part of all its passengers.

6.2 The Charterer shall hold harmless and indemnify the Supplier against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default on the part of the Charterer or any passenger of the Charterer in complying with any of the provisions of this Agreement.

6.3 The Charterer shall be responsible for the issue and delivery of all necessary passenger tickets, baggage checks and other necessary documents to all passengers.

6.4 The Charterer shall comply and shall procure that all its passengers shall comply with all applicable customs, police, public health, immigration and other lawful regulation of any state to/from or over which the Aircraft is or may be flown.

7. EXCLUSION OF LIABILITY/INDEMNITY

7.1 The Supplier shall be under no liability to the Charterer or to any passenger of the Charterer in respect of any variation to or cancellation of any Flight or the non-availability of any seats which results from the acts or omissions of the Carrier, or for any failure by the Carrier to perform any Flight and the Charterer hereby acknowledges to the Supplier that in any such event the Charterer shall only have recourse against the Carrier.

7.2 The Supplier shall be under no liability to the Charterer for any failure by it or by the Carrier to perform their respective obligations under this Agreement arising from force majeure, labour disputes, strikes or lock-outs or any other cause beyond the control of the Supplier or the Carrier including accidents to or failure of the Aircraft, its engines, or any other part thereof or any machinery or apparatus used in connection therewith.

7.3 The Charterer shall indemnify the Supplier against any claim by any passenger of the Charterer arising out of any such variation, cancellation, non-availability or failure to perform provided always that if the Supplier shall receive any refund from the Carrier in respect of any such varied cancelled or unperformed Flights or unavailable seats which have already been paid for by the Charterer, the Supplier shall (subject to the provisions of Clause 10 hereof and provided always that the Charterer shall have duly fulfilled its obligations under this Agreement), repay such refund to the Charterer.

7.4 The Charterer shall indemnify the Supplier against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Supplier and its officers, employees suppliers or subcontractors arising out of any act or omission of the Charterer or its officers, employees or suppliers whether arising in contract or tort (including negligence) or otherwise.

7.5 Neither the Carrier nor Supplier shall be deemed to undertake any carriage to which this Agreement relates as a common carrier.

7.6 Carriage performed under this Agreement shall be subject to the conditions of carriage contained or referred to in the traffic documents of the Carrier including its General Conditions of Carriage. This Agreement and the carriage thereunder on international flights is governed by the rules and limitations established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, Poland, on October 12, 1929, as amended by the Protocol signed at The Hague, Netherlands, on September 28, 1955 (herein collectively called the “Warsaw Convention”) and/or by the rules and regulations established by the Montreal Convention on the Unification of Certain Rules for International Carriage signed in Montreal on 28th May 1999 (“the Montreal Convention”) which rules and limitations shall, to the extent such Warsaw Convention and/or the Montreal Convention is/are applicable, apply to the Flight(s) hereunder.

Except as specifically provided by the Warsaw Convention and/or the Montreal Convention, the Supplier shall not be liable for any death wounding or personal injury or claim of whatsoever nature whether for death or bodily injury or for delay or loss of or damage to or delay of baggage or cargo whether arising in contract or in tort whether occasioned by the Supplier or the Carrier, or their respective officers, employees or agents and the Charterer hereby waives all rights or claims against the Supplier and discharges the Supplier, its officers, employees and agents from any such claim as aforesaid except to the extent the same is caused by the willful misconduct or gross negligence of the Supplier, its officers, employees or agents.

8. TERMINATION

This Agreement may be terminated immediately upon notice from the Supplier to the Charterer upon the occurrence of any of the events specified below:-

8.1 the Charterer defaults in the payment of any amount payable hereunder on due date; or

8.2 the Charterer is in breach of any of its other obligations hereunder which if capable of remedy has not been remedied within 14 days of receipt of written notice from the Supplier requiring remedy of such breach; or

8.3 the Charterer admits in writing its inability to pay or becomes unable to pay it debts; or

8.4 a petition is presented for an administration order to be made up in relation to the Charterer; or

8.5 proceedings are started or any steps are taken for the winding-up or dissolution of the Charterer or for the appointment or a receiver, administrative receiver, trustee, supervisor or similar officer of the Charterer or any or all of its revenues and assets, or the Charterer is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1996 (England); or

8.6 an encumbrancer takes possession of any of the Charterer’s revenues or assets, or any security created by the Charterer becomes enforceable and the mortgagee or chargee takes steps to enforce the same (including without limitation by appointing a receiver or administrative receiver to any of the assets of the Charterer); or

8.7 the Charterer convenes a meeting or takes any steps for the purpose of making or proposes to enter into or make any arrangement or composition for the benefit of its creditors; or

8.8 a distress or other execution is levied or enforced upon or against any part of the Charterer’s property; or

8.9 the Charterer suspends or ceases or threatens to suspend or cease to carry on its business or (expect in the ordinary course of business) it sells, leases, transfers or otherwise disposes of or threatens to dispose of all or any substantial part of its undertakings or assets (whether by a single transaction or by a series), or all or any substantial part of its assets are seized or appropriated by or on behalf of any governmental or other authority or are compulsory acquired; or if any thing analogous to the events referred to in 8.3 to 8.8 above occurs in any jurisdiction in which the Charterer conducts its business; or

8.10 in the opinion of the Supplier a material adverse change occurs in the business, assets, condition, operations or prospects of the Charterer; or

8.11 any of the events specified in this Clause 8 occur in relation to any guarantor of the Charterer’s obligations hereunder.

8.12 CANCELLATION – If the Charterer wishes to cancel any flight or flights, the following cancellation charges shall be paid forthwith by the Charterer to the Supplier as agreed compensation:

•           10% of the Charter Price if cancelled more than 7 days prior to departure

•           25% of the Charter Price if cancelled less than 7 days but more than 48 hours prior to departure

•           50% of the Charter Price if cancelled less than 48 hours but more than 24 hours prior to departure

•           100% of the Charter Price if cancelled within 24 hours of departure

Note: These are our general cancellation terms which may vary slightly depending on the aircraft contracted. Date of positioning flight is considered as date of departure (this may not always be the day of YOUR departure as it is occasionally necessary to position the previous day, to accommodate early departures, crew duty etc)

9. EFFECT OF DEFAULT

9.1 If this Agreement is terminated under Clause 8, then the Charterer shall (without prejudice to any other rights and remedies which the Supplier may have) pay forthwith to the Supplier all amounts then due and unpaid to the Supplier hereunder, together with interest thereon (if any) at the rate specified in the Schedule and the Charterer shall indemnify and keep the Supplier indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by the Supplier as a result of such termination and the Supplier shall be entitled to retain any initial deposit paid by the Charterer pursuant to any provisions therefor set out in the Schedule.

9.2 The Charterer shall indemnify the Carrier and the Supplier against any claims by any passenger of the Charterer arising out of the termination of the Agreement.

10. SET-OFF AND APPLICATION OF MONEYS

The Supplier may at any time without notice to the Charterer at its discretion set-off any amounts paid by the Charterer to the Supplier hereunder against any amounts then due to the Supplier under this Agreement or against any amount due at such time from the Charterer to the Supplier.

11. GENERAL

11.1 Any notice required to be given under this Agreement shall be in writing and shall be deemed duly given if left at or sent by first class post or facsimile message to the address herein stated of the party to whom it is to be given. Any such notice shall be deemed to be served at the time when the same is handed to or left at the address of the party to be served and if served by post on the day (not being a Sunday or Public Holiday) next following the day of posting or if served by facsimile message upon the day such facsimile message is sent.

11.2 Time shall be the essence of this Agreement

11.3 This Agreement sets out the entire agreement and understanding between the parties or any of them in connection with the charter of the aircraft as described herein.

11.4 No party has relied on any warranty or representation of any other party except as expressly stated or referred to in this Agreement.

11.5 No claims shall be made against the Supplier in respect of any representation warranty indemnity or otherwise arising out of or in connection with the charter of the aircraft except where such representation, warranty or indemnity is expressly contained or incorporated in this Agreement.

11.6 No variation of this Agreement shall be effective unless made in writing and signed by both parties.

11.7 The Charter Price, payment terms and other commercial terms contained in this Agreement are confidential to the parties and may not be disclosed to third parties without prior approval.

11.8 No failure by the Supplier to exercise and no delay by the Supplier in exercising any right, power of privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.

11.9 The Charterer shall not be entitled to assign the benefit of this Agreement.

11.10 The Supplier shall not in any event be liable for any consequential or special damage or loss including loss of profit or anticipated profit arising from the performance or non-performance of any Flight or any of its obligations hereunder.

11.11  “F” Luxury World – Luxury Travel Services is only liable as an intermediary for intentional or grossly negligent dereliction of duty in the performance of its services as an intermediary.

12. INDEMNITIES TO SURVIVE TERMINATION

All indemnities contained within this Agreement shall survive the termination of this Agreement, howsoever occurring.

13. CHOICE OF LAW, SUBMISSION TO JURISDICTION

This Agreement shall be governed by and interpreted in accordance with English law and the parties hereto hereby submit to the non-exclusive jurisdiction of the English Courts.

Refund policy

If a client wishes to cancel any flight or flights, cancellation charges will apply, ranging from 10% to 100% of the cost of the flight. Please refer to the specific contract for exact cancellations and refund terms for each individual booking.

In the event that the Supplier is unable to perform the flight, the Supplier shall (subject to the provisions of Clause 10 of our terms and conditions and provided that the Charterer has duly fulfilled its obligations) refund to the Charterer such part of the Charter Price previously paid by the Charterer as relates to the Affected Flight(s).

In the event that the Supplier is able to arrange an alternative carrier to operate the Affected Flight(s), but only at an additional cost, the Supplier shall notify the Charterer forthwith and the Charterer shall have the option to charter the Aircraft operated by the alternative carrier provided that, if it so elects, it shall pay to the Supplier such additional costs upon demand. If the Charterer does not so elect, the Supplier shall, (subject to the provisions of Clause 10 of our terms and conditions, and provided that the Charterer has duly fulfilled its obligations), refund to the Charterer such part of the Charter Price previously paid by the Charterer as it relates to the Affected Flights and the Supplier shall thereupon be under no further obligation to the Charterer in relation to the Affected Flights.

The Charterer shall indemnify the Supplier against any claim by any passenger of the Charterer arising out of any such variation, cancellation, non-availability or failure to perform provided always that if the Supplier shall receive any refund from the Carrier in respect of any such varied cancelled or unperformed Flights or unavailable seats which have already been paid for by the Charterer, the Supplier shall (subject to the provisions of Clause 10 of our terms and conditions, and provided always that the Charterer shall have duly fulfilled its obligations under this Agreement), repay such refund to the Charterer.

 

Yacht Charter

Charter Terms explained

A. MYBA – WMT – Western Mediterranean Terms

The Charter Fee includes the charter of the yacht with all its equipment in working order, tools, stores, cleaning material and basic consumable stores for engine-room, deck and cabins, etc., the crew’s wages, food and the insurance of the yacht for marine risk and third party claims and the crew for employer’s liability insurance. (If the yacht is not on MYBA terms then crew food may be charged extra)

The Charterer will be charged extra, at cost to the yacht, for all other expenses. These include fuel for the yacht, fuel for the ski-boats or other tenders, food for the charterers, wines, beers, spirits and soft drinks for the Charterers, other consumable stores, berthing dues and other harbour charges away from the yacht’s own berth, including pilotage fees and charges for water and/or electricity taken from the shore, laundry, telephone, fax or telex via Satcom, Radio Telephone or telex costs, hire costs of special equipment placed on board at the request of the Charterer,

B. SEMT – Standard Eastern Mediterranean Terms

The Charter Fee includes the charter of the yacht with all its equipment in working order, tools, stores, spares, etc., the crew’s wages and the insurance of the yacht for marine risk and third party claims and the crew for employer’s liability insurance.

 

The Charter Fee also includes fuel for up to five hours cruising per day (averaged throughout the charter), food for the crew, berthing dues and other harbour charges (except Corinthian Canal dues), including water and/or electricity taken from the shore. The arrangements about fuel charges sometimes vary.

The Charterer will be charged extra, at cost to the yacht, for all other expenses, These include fuel for the ski-boats or other tenders, food, wine, beer, spirits and soft drinks for the Charterers, other consumable stores, berthing and harbour expenses outside the yacht’s normal cruising area, laundry, telephone, fax or telex via Satcom, Radio Telephone costs, hire costs of special equipment placed on board at the request of the Charterer.

C. EMT – Eastern Mediterranean Terms,- half board. (Found mostly in Turkey)

As with SEMT, the Charter Fee includes the charter of the yacht with all its equipment in working order, tools, stores, spares, etc., the crew’s wages and the insurance of the yacht for marine risk and third party claims and the crew for employer’s liability insurance.

The Charter Fee also includes fuel for up to three* to five hours cruising per day (*depending on yacht and averaged throughout the charter), half board for the guests (breakfast and lunch), food for the crew, berthing dues and other harbour charges (except Corinthian Canal dues), including water and/or electricity taken from the shore. The arrangements about fuel charges sometimes vary.

The Charterer will be charged extra, at cost to the yacht, for all other expenses, These include fuel for the ski-boats or other tenders, evening meal, if taken on board, wine, beer, spirits and soft drinks for the Charterers, other consumable stores, berthing and harbour expenses outside the yacht’s normal cruising area, laundry, telephone, fax or telex via Satcom, Radio Telephone costs, hire costs of special equipment placed on board at the request of the Charterer.

Some yachts offer more inclusive terms.

D.GRK – Greek Terms

The rate quoted includes the hire of the yacht, the crew’s salaries, the insurance of the yacht, the crew’s food, sufficient fuel and lubricants for 4 (four) hours cruising per twenty four hours, harbour dues and pilotage within Greek waters, water & ship’s laundry. Extra to the charterer’s account are guests food and drink, bar, Corinth Canal dues where applicable and port taxes & harbour dues outside Greek waters.

E.Gulet Terms (Gulet Charter in Turkey)

The rate quoted includes the hire of the yacht, the crew’s salaries, the insurance of the yacht, the crew’s food, sufficient fuel and lubricants for 4 (four) hours cruising per twenty four hours, harbour dues and pilotage within Turkish waters, water & ship’s laundry. Extra to the charterer’s account are guests food and bottled water (a set amount which may be paid in advance), bar, port taxes & harbour dues outside Turkish Waters.

F. SCT – Standard Caribbean Terms; Caribbean Terms Inclusive (CTI)

The Charter Fee includes all expenses listed under MYBA-WMT and SEMT plus all food. Some yachts also include wine and bar, excluding vintage wines and champagne.

In the Caribbean this is normally referred to as ‘All inclusive (Full board, vessel fully equipped with fuel and staff), but excluding bar, communications and cruising taxes, if any’. [Extras include: communications (your use of the yacht’s satelite or mobile phone), marina-type berthing, rendezvous diving, shore excursions, cruising tax.]

IMPORTANT NOTES

A. Occasional variations between the terms offered by different yachts under the same main title do exist. For instance, one yacht may generally work on MYBA-WMT but also includes a small fuel allowance. However, the majority of yachts now operate under the well established and widely accepted MYBA Charter Agreement, sponsored by the Mediterranean Yacht Brokers Association and adopted by the American Yacht Charter Association. This agreement is also accepted by the Charter Yacht Broker’s Association (CYBA).

B. Legislation now exists in the European Union requiring all yachts operating in the national waters of the Union to collect Value Added Tax (VAT/TVA/IVA, etc.) on all charters at rates which vary between 4% to 16% and 20.6% of the Charter Fee. Under EU Law this is payable by the Charterer. However, there are various interpretations from country to country and some yachts which have been placed under Commercial Registry may not be required to collect the tax. This is currently under review, so do please check with us for up-to-date information.

C. Due to U.S. Coastguard requirements some U.S. flag yachts operate under the demise charter agreement.

Contractual partners

The charter party is concluded between the charter company and the charterer, and may be concluded through the intermediary of the agency if need be.

 

Payment, cancellation

1. Unless otherwise stated in the charter party, payment of the first instalment, as defined, of the charter price is due within three days of conclusion of the charter party; the balance is due six weeks before the commencement of charter. Payment must be received before the dead-lines indicated.

2. In emergencies the charter company may withdraw within 4 days of conclusion of the charter party. In such a case the charter company undertakes to repay to the charterer without delay any monies already paid (if need be, through the agent).

3. The charterer is strongly recommended to take out a voyage cancellation costs insurance. The charter company or the agent will be pleased to send information about such insurance.

 

Obligations of the charter company

1. The agreed yacht will be delivered to the charterer in a clean, sailable, sea-worthy condition, and with full tanks.

2. If the agreed yacht cannot be delivered at the date agreed in the charter party (e.g. because of average, un-seaworthiness as a result of an accident in the preceding charter etc) the charter company may deliver an equivalent yacht without prejudice to the warranty claims of the charterer in so far as there are defects in the replacement yacht.

 

The charterer warrants and undertakes the following:

1. to observe the principles of good seamanship.

2. to possess a good command of seamanship and sufficient experience in the command of a yacht or to appoint a responsible skipper with such capabilities. If the charterer or his skipper does not possess the necessary licence or certificate of competence to skipper a yacht of the agreed class, the charter company reserves the right to refuse to hand over the yacht, retaining the charter price, or to appoint a skipper in the name of and for the account of the charterer.

3. to observe the laws of any country he might visit and to report the arrival and departure of the yacht to the harbour master.

4. not to use the yacht for the purposes of business or trade, not to take on board any persons not being a member of his immediate group, not to hand over or hire the yacht to a third party without the written consent of the charter company and not to transport any hazardous goods or materials.

5. not to leave the maritime region of the charter company without the prior written consent of the charter company.

6. not to make any changes to the yacht or its equipment.

7. to handle the yacht and its equipment with care, always to wear sailing shoes when on board, to maintain the log book in a simple form, prior to the commencement of charter to inform himself in detail about the area to be travelled, e.g. currents, and sea level changes during strong winds etc.

8. not to leave the protective harbour if winds over 7 on the Beaufort scale are forecast.

9. to return the yacht in proper working order, in an orderly condition with all equipment properly stowed and with full tanks; failure to do this will mean that the cost of filling the tanks and stowing equipment will be deducted from the deposit.

10. to inform the charter company immediately by phone or telegraph in the event of damage, collision, average or other unusual events. To prepare a written account In the event of damage to the yacht or injury to persons, and to have this countersigned by the harbour-master or doctor.

11. always to have the yacht towed by its own line in the event of average or similar events, and to make no agreement about towing or salvage.

12. to check the condition of the yacht and check that all its equipment and items listed on the inventory are complete, both on taking over and returning the boat (the check list), and to confirm this by means of a signature.

13. to report complaints concerning the yacht without delay to the yacht’s base and to note these in the delivery or return documents. Claims notified at a later date cannot be entertained.

14. where applicable, to sign charter parties required by law or the charter company’s own contract forms before taking over the yacht.

 

Repairs, engines and monitoring of the bilges

1. Repairs costing over € 100 must have the approval of the charter company. The original of any part replaced must be retained. Payments for repairs necessary as a result of wear and tear will be reimbursed by the charter company on presentation of invoices accompanied by the corresponding receipt.

2. The charterer must check the level of the oil, the cooling water and the bilges each day. The charterer must check the cooling water flow continuously during the charter. Damage due to the motor running dry are not insured under any circumstances, and is for the account of the charterer. The motor must not be used when heeling under sail at over 10º as in such a case oil or water supplies to the engine do not function.

 

Cancellation by the charterer or reduction of the charter price in the event of late delivery or defects

1. If the charter company fails to provide the yacht, or at least an equivalent replacement yacht at the time agreed in the charter party, the charterer may withdraw from this charter party, but not before 24 hours from the commencement of the charter, and receive full reimbursement of all payments made under this charter party. If the charter period is two or more weeks, the minimum time before which the charterer can withdraw is increased by 24 hours per additional week.

2. All other claims for compensation by the charterer are excluded, except in the case of intent and gross negligence by the charter company. If the charterer does not withdraw from the charter, he may claim for reimbursement of the charter price pro rata for the time for which the charter company failed to hand over the yacht.

3. Damage to the yacht and its equipment which does not prejudice its sea-worthiness and which allow the yacht to continue to be used in a reasonable manner shall not be grounds for withdrawal. A reduction in the charter price in such a case is also excluded.

 

Charter company’s liability

1. The charter company shall only be liable towards the charterer and his crew for loss or damage arising from intent or gross negligence on the part of the charter company, as well as for damages to life and health or personal injuries, resulting from negligent breach of duty by the charter company or from intentional or negligent breach of duty by a legal representative or assistant of the charter company.

2. The charter company shall not be liable for loss or damage caused by inaccuracies, amendments, mistakes and defects in the ancillary nautical equipment provided, e.g. marine charts, handbooks, compass, radio direction finding equipment etc.

3. Claims by the charterer due to the inability of the yacht for use resulting from damage or total loss caused by the charterer or a third party during the charter shall be excluded.

 

“F” Luxury World – Luxury Travel Services liability

“F” Luxury World – Luxury Travel Services is only liable as an intermediary for intentional or grossly negligent dereliction of duty in the performance of its services as an intermediary.

 

Charterer’s liability

1. The charterer shall indemnify the charter company against all civil and criminal consequences of third party claims arising from actions and failures to act on the part of the charterer including all legal costs in the country of delivery and abroad. The charterer accepts the yacht on his own responsibility.

2. If the charterer leaves the yacht at any place other than the agreed location for any reason whatsoever, the charterer shall bear the costs for the return of the yacht by water or by land. If the return of the yacht extends beyond the time period of the charter, the yacht shall be deemed to be returned by the client at the time of its arrival in the agreed harbour.

3. Late return of the yacht and non-usability of the yacht caused by the charterer shall be grounds for claims for compensation by the charter company.

4. Attention is drawn to the fact that conclusion of hull insurance by the charter company does not mean that the charterer is not liable for loss or damage not covered by such insurance, or for loss or damage for which the insurance expressly reserved the right of recourse to the charterer. This applies particularly to damage caused by gross negligence, intent or failure to observe the conditions of the charter party, and for any consequential loss or damage.

5. The conditions of the insurance, which we will gladly provide on request, are an integral part of this contract. The deductible excess for each loss is to be borne by the charterer and may differ from the deposit paid. The deposit will be repaid without delay on the return of the yacht and equipment in good condition. Loss and damage will be off-set against the deposit. Loss and damage not covered by the deposit or the insurance shall be paid without delay by the charterer.

Conclusion of an extended “Skipper’s liability insurance” (which covers crew’s liability amongst themselves and recovery of losses to the chartered yacht in the event of substantiated gross negligence) and a consequential loss insurance is strongly recommended. The charter company and broker will be pleased to send all necessary documentation.

 

Miscellaneous/subsidiary agreements/ information / separability clause

1. The charter period may only be extended with the agreement of the charter company. If there should be obvious errors in the invoicing of the charter price and the extras, the charter company and the charterer have the right and the obligation to correct the charter price in line with the valid price list. This does not affect the legality of this contract.

2. All care is taken in the preparation of information, but information is given without guarantee.

3. The invalidity of individual provisions shall not affect the validity of the remaining provisions of the charter party. The parties agree to replace invalid provisions by valid provisions most closely approaching the invalid provisions.

 

Place of jurisdiction, applicable law.

All claims relating to the relationship between charterer and agency shall be subject to the law applicable to the registered office of the agency; the place of jurisdiction shall be the registered office of the broker. All claims relating to the relationship between charterer and charter company shall be subject to the law applicable at the registered office of the charter company, and the place of jurisdiction shall be the registered office of the charter company.

General Terms & Conditions of Luxury Products & Services by “F” Luxury World Ltd Online Stores

1.INTRODUCTION

1.1.This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods and services (the Products ) listed on this website (the ‘Website’) to you.

1.2.Before confirming your order please:

1.2.1.Read through these terms and conditions (the ‘Conditions’) and in particular our cancellations and returns policy at clause 12. and limitation of our liability and your indemnity at clause 16.

1.2.2.Print a copy for future reference.

1.2.3.Read our privacy policy regarding your personal information.

1.3.By ordering any of our Services or Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

1.4.We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

2.ABOUT US

2.1.This Website is owned and operated by Luxury Products & Services by “F” Luxury World Ltd,  a limited company registered in England and Wales under company number: 75177000 having our registered office at 207 Regent Street, 3rd Floor, W1B 3HH London, United Kingdom.

3. COMMUNICATIONS

3.1.You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

3.2.We will contact you by email or provide you with information by posting notices on our Website.

4.International Trade

4.1.Our Website is intended for use by customers from all over the world while the products and services providers are from resident every part of the world.

4.2.In case of supply any Products originated from UK or EU and ordered from the Website for delivery outside the United Kingdom and the EU in general,  they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

4.3.Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

4.4.You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

5.REGISTRATION

5.1.When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

5.2.By registering on the Website you undertake:

5.2.1.That all the details you provide to us for the purpose of registering on the Website and purchasing the Products

& Services are true, accurate, current and complete in all respects

5.2.2.To notify us immediately of any changes to the information provided on registration or to your personal information

5.2.3.That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Products & Services from this Website in conjunction with and under their supervision

5.2.4.To only use the Website using your own username and password

5.2.5.To make every effort to keep your password safe

5.2.6.Not to disclose your password to anyone

5.2.7.To change your password immediately upon discovering that it has been compromised

5.2.8.To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them

5.3.You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

5.4.We reserve the right to terminate an agreement formed with you pursuant to clause 9. below and to suspend or terminate your access to the Website immediately and without notice to you if:

5.4.1.You fail to make any payment to us when due

5.4.2.You breach these Conditions (repeatedly or otherwise)

5.4.3.You are impersonating any other person or entity

5.4.4.When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

5.4.5.We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

6.ELIGIBILITY TO PURCHASE FROM THE WEBSITE

6.1.To be eligible to purchase the Products & Services on this Website and lawfully enter into and form contracts with us, you must:

6.1.1.Be 18 years of age or over

6.1.2.Be legally capable of entering into a binding contract

6.1.3.Provide full details of a delivery address in the United Kingdom or the European Economic Area or elsewhere

6.2.If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

7.PRICE

7.1.The prices of the Products & Services are quoted on the Website.

7.2.Unless otherwise stated, the prices quoted excludeVAT but may include delivery costs (in the case of goods), which will be added to the total amount due from you. Details of delivery charges will be announced to you before or after the order. In case that a quotation must be done and you are informed of the delivery charges that you are not agree, then you can withdraw the order without any other obligation. In the case of Services local VAT may apply.

8.PAYMENT

8.1. Payment can be made by any major prepay, credit or debit card or through an electronic payment account or through bank transfer payment, etc.

8.1.By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form, unless a different mode of payment will be discussed and accepted.

8.2.Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you unless otherwise accepted.

8.3.When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

8.4.We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

8.5.By accepting these Conditions you:

8.5.1.Undertake that all the details you provide to us for the purpose of purchasing the Products & Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products  & Services ordered

8.5.2.Undertake that any and all Products  & Services ordered by you are for your own private or domestic use only and not for resale

8.5.3.Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

8.6.We shall contact you should any problems occur with the authorisation of your card.

9. ORDER PROCESS AND FORMATION OF A CONTRACT

9.1.All orders are subject to acceptance and availability. If any Products & Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

9.2.You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

9.5.A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the goods and/or shall be providing the requested service and, where appropriate, have made it available to be downloaded. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Products & Services from us. The Contract or in some case the Charter Agreement or other Agreement will only be formed when we send you the Confirmation Notice (whether or not you receive it).

9.7.The Contract will relate only to the Products & Services stated in the Confirmation Notice. We will not be obliged to supply any other

Products & Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

9.8.You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

9.9.You will be subject to the version of our policies and Conditions in force at the time that you order the Products & Services from us, unless:

9.9.1.Any change to those policies or these Conditions is required to be made by law or governmental authority

9.9.2.We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

9.10.In some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

10.DELIVERY

10.1.The Products will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.

10.1.The Products will be delivered to you at the address you provided during the order process which must be the address that is the billing address of your payment card. We may where appropriate and at our option, deliver all or part of the services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.

10.2.We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it.

10.3.All goods must be signed for by an adult aged 18 years or over on delivery.

10.4.Any dates quoted for delivering the goods and/or completing performance of the service are approximate only. If no date is specified then it will take place within a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.

10.5.We shall not be liable for any delay in delivering the goods and/or completing performance of the service, however caused.

10.7.For Christmas deliveries, we recommend that you check our Website for the last date of delivery. We will endeavour to dispatch all goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.

11.RISK AND TITLE

11.1.The goods will be at your risk from the time of delivery.

11.2.Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of them including the cost of delivery (in the case of goods).

12. CANCELLING YOUR CONTRACT AND RETURNS

12.1.Cancelling before receiving a Confirmation Notice.

12.1.1.You may cancel your order for the Products & Services at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to info@FLuxuryWorld.com or a letter to 207 Regent Street, 3rd Floor, W1B 3HH London, United Kingdom. Your cancellation notice must quote your name, address, the name or a description of the goods and services and your order reference number.

12.2.Cancellation after receiving a Confirmation Notice.

Goods

12.2.1.You are entitled to cancel your Contract at any time prior to receiving the goods so long as you provide us with written notice or, if you have received the goods, so long as you provide us with written notice at anytime within 7 working days starting from the day after you received the goods. You can send your cancellation notice by email to info@FLuxuryWorld.com or a letter to 207 Regent Street, 3rd Floor, W1B 3HH London, United Kingdom. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number.

12.2.2.Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us at your own cost and risk. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the goods and will deduct this from any sum owed by us to you.

12.2.3.The goods must be returned to us in the same condition in which you received them until such time as the goods are either collected by us or delivered back to us by you. You must return the goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Services

12.2.4.You are entitled to cancel your Contract and obtain a refund within 7 working days from the date of the Confirmation Notice.  However, you will no longer have a right to cancel if, with your agreement, we have already commenced providing the services to you before this period of time expires.

12.2.5.You may notify us of your wish to cancel by sending us a cancellation notice toinf@FLuxuryWorld.com or a letter to 207 Regent Street, 3rd Floor, W1B 3HH London, United Kingdom. Your cancellation notice must quote your name, address, the name or a description of the goods and services and your order reference number.

12.2.6.Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.

12.2.7.So long as you have complied with your obligations under this clause, we will refund the purchase price but not the cost of delivery (if any) to you by debiting the payment card you used to purchase.

12.3. Exception to the right to cancel

You will not have a right to cancel an order for any goods or services purchased from us, in the following situations:

12.3.1.If you expressly agree to us beginning to provide any services before the end of the cancellation period.

12.3.2.The Contract is for goods which are bespoke or have been personalised or which may deteriorate

12.3.3.The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us

12.3.4.The Contract is for the sale of land, auctions and financial service agreements

12.4.Damaged, faulty or wrongly delivered goods

12.4.1.We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost incurred by you in returning the goods to us, if it:

12.4.1.1.Has been damaged on delivery

12.4.1.2.Is in a faulty condition

12.4.1.3.Develops a fault within 30 days of delivery

12.4.1.4.Has been delivered to you in error

12.4.2.provided that you return the goods to us and we are reasonably satisfied that the goods have not suffered damage after delivery or have not been misused or used other than in accordance with the instructions or the problem is not due to normal wear and tear.

12.4.3.Alternatively, at your option, instead of a refund (and subject to returning the goods as required under this clause) we will replace the goods with the same or a similar product (subject to stock availability).

12.4.4.Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the goods to us.

12.4.5.In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 20 working days after receipt or the fault developing by email to info@FLuxuryWorld.com or a letter to 207 Regent Street, 3rd Floor, W1B 3HH London, United Kingdom. Your cancellation notice must quote your name, address, the name or a description of the goods, a brief description of the problem, fault or damage and your order reference number.

12.4.6.Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us.

12.5.Incorrectly priced or described goods and services

12.5.1.Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those goods and services to you.

12.5.2.If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.

12.5.3.If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.

12.5.4.If your order is cancelled or rejected and you have already paid for the Products & Services, you will receive a full refund in accordance with clause 12.7.

12.6.Delivery by instalments

12.6.1.The Products may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Products in accordance with clause 12.7.

12.7. Processing refunds

Goods

12.7.1.We will examine any returned goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the goods.

12.7.2.We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the goods in the event that the goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the goods have not been returned with its original packaging. This does not affect your statutory rights.

Services

12.7.3.We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic or other payment account you used to purchase the services.

13.COMPLAINTS

13.1.If you have a comment, concern or complaint about any Products & Services you have purchased from us, please contact us via email at info@FLuxuryWorld.com or by post at 207 Regent Street, 3rd Floor, W1B 3HH London, United Kingdom.

14.INTELLECTUAL PROPERTY

14.1.The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Luxury Products & Services by “F” Luxury World Ltd, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

14.2.You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

14.3.You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

14.4.You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

14.5.No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.

14.6. Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.

15.WEBSITE USE

15.1.You are permitted to use the Website and the material contained in it only as expressly authorised by us.

15.1.You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.

16. LIABILITY AND INDEMNITY

16.1.Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

16.1.1.Death or personal injury resulting from our negligence

16.1.2.Fraud or fraudulent misrepresentation

16.1.3.Action pursuant to section 2(3) of the Consumer Protection Act 1987

16.1.4.Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

16.2.The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

16.3.We will not be liable if the Website is unavailable at any time.

16.4.We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

16.5.We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.

16.6.We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

16.7.We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

16.8.We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

16.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

16.8.2.any loss of goodwill or reputation; or

16.8.3.any special or indirect losses; or

16.8.4.any loss of data; or

16.8.5.wasted management or office time; or

16.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the

Products

even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1. to 16.8.6., is strictly limited to the purchase price of the Products you purchased.

16.9.If you buy any goods or services from a third party seller through our Website, the seller’s individual liability will be set out in their own terms and conditions.

16.9.You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

16.10.This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

17.REVIEWS

17.1.You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.

17.2.You undertake that any review, feedback or rating that you write shall:

17.2.1.Comply with applicable law in the UK and the law in any country from which they are posted

17.2.2.Be factually accurate

17.2.3.Contain genuinely held opinions (where applicable)

17.2.4.Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving

17.2.5.Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence

17.2.6.Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party

17.2.7.Not be used to impersonate any person, or to misrepresent your identity

17.3.You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.

17.4.You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.

17.5.We reserve the right to publish, edit or remove any reviews without notifying you.

18.FORCE MAJEURE

18.1.We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:

18.1.1.Strikes, lock-outs or other industrial action

18.1.2.Shortages of labour, fuel, power, raw materials

18.1.3.Late, defective performance or non-performance by suppliers

18.1.4.Private or public telecommunication, computer network failures or breakdown of equipment

18.1.5.Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

18.1.6.Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.

18.1.7.Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.1.8.Acts, decrees, legislation, regulations or restrictions of any government

18.1.9.Other causes, beyond our reasonable control

18.2.Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

18.3.Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

19.PRIVACY POLICY

19.1.In order to monitor and improve customer service, we may sometimes record telephone calls being informed in advance for doing so..

19.2.We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).

19.3.You can find full details of our Privacy Policy on the Website.

20.THIRD PARTY RIGHTS

20.1.Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

21.EXTERNAL LINKS

21.1.To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

21.1.1.The privacy practices of such websites

21.1.2.The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources

21.1.3.The use which others make of these websites; or

21.1.4.Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources

22.LINKING TO THE WEBSITE

22.1.You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

22.2.Any agreed link must be:

22.2.1.To the Website’s homepage

22.2.2.Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted

22.2.3.Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it

22.2.4.Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists

22.3.We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

22.4.We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

23.NOTICES

23.1.All notices given by you to us must be given to us at 207 Regent Street, 3rd Floor, W1B 3HH London, United Kingdom or by using info@FLuxuryWorld.com. We may give notice as described in clause 3.

23.2.Notice will be deemed received and properly served immediately when posted on our Website, 48 hours after an email is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

24.ENTIRE AGREEMENT

24.1.The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

24.2.We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.

24.3.Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.

25.GENERAL

25.1.We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

25.2.All prices and descriptions supersede all previous publications. All product descriptions are approximate.

25.3.Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

25.4.If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

25.5.All Contracts are concluded and available in English only.

25.6.If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

25.7.A waiver by us of any default shall not constitute a waiver of any subsequent default.

25.8.No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3.

25.9.Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

26.GOVERNING LAW AND JURISDICTION

26.1.The Website is controlled and operated in the United Kingdom.

26.2.Every purchase you make shall be deemed performed for personal and not commercial use, unless otherwise agreed

26.3.The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.