General terms and conditions

General terms and conditions

In these General Terms and Conditions (the “Terms”), “12 Knots”, “we”, “us”, “our” and similar terms refer to 12 Knots LLC, and “you” refers to the customer utilizing our booking service.

1. By signing your Booking Agreement (meaning the chartering of a vessel or the reservation of other travel-related products or services, whether you pay for it now or later), you accept these General Terms and Conditions (the “Terms”) and any other ones that you’re provided with during the booking process. These Terms include an agreement to mandatory, binding individual arbitration, which means that you agree to submit most disputes related to our booking services or these Terms to binding arbitration rather than proceeding in court. These Terms also include the waiving of any class action or jury trial.


2. If anything in these Terms is (or becomes) invalid or unenforceable, it will still be enforced to the fullest extent permitted by law, and you will still be bound by everything else in the Terms.


3. The English version of these Terms is the original. If there’s any dispute about the Terms or any discrepancy between the Terms in English and another language, the Terms as they appear in English will apply.


4. We’re not a party to the terms between you and the provider of travel-related products or services (the “Service Provider”). The Service Provider is solely responsible for the travel-related products or services (including but not limited to vessel charters).


5. We take reasonable care in providing our booking service, but we can’t guarantee that everything on it is accurate. We get information from the providers of travel-related products or services, including but not limited to vessel charters. To the extent permitted by law, we can’t be held responsible for any errors, any interruptions, or any missing bits of information, though we will do everything we can to correct/fix them as soon as we can.


6. Our booking services is not a recommendation or endorsement of any Service Provider or its products, services, facilities, vehicles, etc.


7. Once you’ve made your Booking, we’ll give the Service Provider your details (e.g. your name, phone number, address, passport or ID number, date of birth, nationality, and any other information requested by the Service Provider). We’ll give you the Service Provider's or its representative’s contact details. We’ll make sure the Service Provider knows what type, size and model of vessel you’ve requested. 


8. You agree to (a) behave according to our standards, meaning treating our employees and partners with respect and without any form of harassment, discrimination, hate speech, manipulation, physical violence, or any other threatening or abusive behavior, and (b) conduct business with 12 Knots LLC and our Service Providers in an honest and professional manner, and not to misrepresent yourself in any way and respect agreements made with us and our Service Providers.


9. If the Service Provider requires payment at the time of Booking, it may be taken or pre-authorized when you make your Booking, and it may be non-refundable. Before you book, check the Service Provider’s payment policy (available during the booking process).


10. If you know of or suspect any fraud or unauthorized use of your payment method, contact your payment provider, who may cover any resulting charges, possibly for a fee.


11. We’ll store your payment method details for future transactions after collecting your consent.


12. Obvious errors and misprints are not binding. For example, if you book a vessel that was mistakenly offered for $1, we may simply cancel that Booking and refund anything you’ve paid.


13. When you make a Booking, you accept the applicable policies as displayed in the booking process. Upon request, we will provide you with each Service Provider's cancellation policy and any other policies (e.g., age requirements, security/damage deposits, additional supplements for group Bookings, extra beds, breakfast, pets, cards accepted, etc.), or direct you to the Service Provider’s information pages.


14. We and/or the Service Provider may cancel the Booking with little or no notice, but this would only happen in very specific situations. For example, (a) if the Service Provider becomes insolvent or is genuinely unable to honor your Booking, in which case we'll do our best to arrange an alternative vessel, or (b) you breach these Terms and/or the Service Provider's terms, in which case you won't be entitled to any refund.


15. If your travel-related products or services don’t live up to our usual high standards, we may issue you a credit for use on a future Booking; there are no cash refunds.


16. If you have a question or complaint, contact us. All questions and complaints are recorded, and the most urgent ones are treated as highest priority. We try to resolve disputes internally, and aren’t obliged to submit to any alternative dispute resolution procedures handled by independent providers. You may have other remedies under the law of your residence.


17. We may help you communicate with your Service Provider, but we can’t guarantee that they’ll read anything from you or that they’ll do what you ask. In itself, the fact that you contact them or that they contact you doesn’t mean you have any grounds for legal action.


18. We have the right to stop you from making any Bookings, to cancel any Bookings you’ve made, and/or to stop you from using our booking service. Of course, we’ll only do this if in our opinion there’s a good reason to, such as fraud or abuse, non-compliance with our policies or with applicable laws or regulations, or inappropriate or unlawful behavior (e.g. violence, threats, invasion of privacy) in relation to us, any of the companies we work with – or anyone else, for that matter. If we cancel a Booking as a result, you won’t be entitled to a refund. We may tell you why we canceled your Booking, unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we incorrectly canceled your Booking, contact us.


19. These terms limit our liabilities under applicable law. Nothing in these terms will limit our (or the Service Provider’s) liability for our (or their) own fraud or fraudulent misrepresentation, gross negligence, or willful misconduct. 12 Knots LLC shall not be liable for any losses outside of the rights and responsibilities described in this section, unless said losses are caused by our breach of these terms. For example, we shall not be liable for any indirect or consequential loss or damage; loss of profits, use, data, revenues, business opportunities, or goodwill; special, punitive, or exemplary damages; inaccurate information about a Service Provider; product, service, or action of a Service Provider or other business partner; mistake in an email address, phone number, or credit card number (unless it’s our fault); force majeure or event beyond our control.


20. If you are in breach of these Terms and/or the Service Provider’s terms, to the extent permitted by law (a) we will not be liable for any costs you incur as a result, and (b) you won’t be entitled to any refund.


21. Unless expressly stated herein, 12 Knots LLC makes no representations, warranties, or commitments related to Service Providers’ products or services. We accept no liability for ensuring that said products or services are appropriate for the client’s objectives. You alone assume responsibility for this. To the fullest extent permitted by law, we disclaim all representations and warranties, including, but not limited to, warranties of merchantability and fitness for a particular purpose.


22. Arbitration. Please read this arbitration provision carefully. It may affect your rights. This provision stipulates that most disputes shall be resolved through binding arbitration instead of through any legal actions. This arbitration provision shall remain in effect after the termination of the Terms.


12 Knots LLC will make its best efforts to resolve all customer concerns or problems related to our services. Customers may pursue a claim against 12 Knots LLC, as explained in this arbitration provision, for any unresolved concern or problem. The arbitration provision stipulates: (1) the initial process for you to follow in reporting your claim to 12 Knots LLC prior to filing any arbitration or lawsuit in accordance with this arbitration agreement; and, if 12 Knots LLC is unable to resolve your claim, (2) the recourse available to you in arbitration or, in limited circumstances, in court.


A. Governing Law and Jurisdiction

12 Knots LLC and you agree that this arbitration agreement is evidence of a transaction in interstate commerce and will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. This arbitration agreement, and these Terms, are made under and will be governed by and interpreted in accordance with Maryland law, consistent with the Federal Arbitration Act, regardless of conflict of law rules. Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of Maryland, and you and we consent to personal jurisdiction in those courts. In cases where applicable local law prevents a dispute from being resolved in the Maryland courts, local courts shall have jurisdiction.


B. Scope

By using 12 Knots booking service, you agree that any and all Claims (as defined below) arising out of or relating to your use of the booking service or by the support companies in connection with your use of the booking service (including the interpretation and scope of this arbitration agreement and the arbitrability of the dispute), or your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal vehicle) unless expressly excluded from arbitration as set forth below (each a “Claim” and collectively “Claims”), will be resolved via mandatory, binding arbitration.


C. Pre-Dispute Resolution

Prior to initiating any dispute or Claim, as discussed further below, you must first give 12 Knots LLC an opportunity to resolve any complaints by submitting them to us in writing (the “Internal Review Procedure”). Your notice beginning the Internal Review Procedure must contain the following information: (1) your name, (2) address, (3) the email address used to make the reservation, (4) the reservation number, (5) the date of the reservation, (6) the name of the travel-related product or service reserved, (7) a brief description of the nature of the complaint, and (8) the resolution sought (together, the “Required Information”). If we do not resolve the complaint within 60 days of the initiation of the Internal Review Procedure, you shall be entitled to seek relief as stipulated in this arbitration agreement.


D. Arbitration Procedure

Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”). 12 Knots LLC and you will equally share the initial filing fee to commence the arbitration, and each of us will bear the fees and expenses for our respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration.


Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this arbitration provision. If there is a conflict between the AAA’s rules and this arbitration provision, the terms of this arbitration provision shall govern. AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879.


The arbitration will be conducted by one arbitrator, who will be appointed by the AAA. The customer agrees that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. 12 Knots LLC will ordinarily request that the hearing be held in Annapolis, Maryland.


Any arbitration shall be confidential, and neither Party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.


Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your booking and communications directly related to that booking among you, 12 Knots, and the travel-related products or services that are the subject of your dispute with us. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive.


E. Arbitration Award

The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting our other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. You and 12 Knots agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all Claims that can be arbitrated, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.


F. Class Action Waiver

In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.


G. Jury Waiver

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.


March 14, 2023

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