Terms & Conditions of Website Use

OVERVIEW This website is operated by Fantasy Inc, DBA and is provided to assist guests with gathering event information, including bareboat charter services, reservation inquiries, and transacting business between guests and Fantasy Inc. Throughout the site, the terms “we”, “us” and “our” refer to Fantasy Inc. Fantasy Inc offers this website, including all information, tools and services available from this site to “You,” defined herein as the user and/or Charterer, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here.

By visiting Our site and/or purchasing a Bareboat Charter or Yacht Membership Program from Us, You engage in Our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available and outlined in Our Bareboat Charter Agreement or Yacht Membership Agreement. All Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms & Conditions carefully before accessing or using Our website. By accessing or using any part of the site or engaging in Our Service, You agree to be bound by these Terms & Conditions. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions and additional terms and conditions incorporated herein by reference.

Any new features or services which are added to Our current store of products shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace all or any part of these Terms & Conditions by posting updates and/or changes to Our website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE TERMS By agreeing to these Terms & Conditions, You hereby release Fantasy Inc from all claims arising out of things over which Fantasy Inc has no control. Additionally, You represent that You are at least 21 years old.

You may not use Our products for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of Your access to the Services.

SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time.

You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this site at any time, but We have no obligation to update any information on Our site. You agree that it is Your responsibility to monitor changes to Our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for Our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to Cancellation according to Our Weather & Cancellation Policy.

We reserve the right, but are not obligated, to limit the sales of Our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that We offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.

SECTION 6 – DEPOSIT PRICING AND FINALIZATION Your charter reservation is not confirmed until You sign and return Your Charter Agreement to your respective Fantasy Inc representative and provide payment in full for Your Services.

Fantasy Inc may offer You the option to place a deposit, which allows You the ability to purchase Services at certain pricing (“Deposit Pricing”), subject to availability and Fantasy Inc’s Payment Plan Option (the “Payment Plan Option”) over a specified amount of time. Fantasy Inc’s Payment Plan Option allows You to purchase certain Services and pay for the total amount due (the “Balance”) over a specified amount of time (“Payment Plan Payments”). Further, by selecting the Payment Plan Option, You agree to and acknowledge the following:

“I authorize Fantasy Inc, it’s representatives and service providers, to initiate electronic charges from the account I designated at the time of purchase to make the Payment Plan Payments due under the Payment Plan Option on the dates designated by the Payment Plan Option I selected. Further, I understand that one missed payment may result in cancellation of the Services to be provided by Fantasy Inc, it representatives and service providers. Upon a missed payment, the Balance may be due immediately and Services will be subject to cancellation for non-payment by Fantasy Inc, it representatives or its service providers.”

Due to high demand and limited inventory, Your selected charter vessel and/or Services are subject to change (availability permitting) by Fantasy Inc until Your Balance is paid in full or until You are within accordance of the Payment Plan Option, if offered.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any booking You place with Us. We may, in Our sole discretion, limit or cancel bookings per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors of our Services.

You agree to provide current, complete and accurate purchase and account information for all purchases made at Our store. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.

SECTION 8 - OPTIONAL TOOLS We may provide You with access to third-party tools over which We neither monitor nor have any control nor input.

You acknowledge and agree that We provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.

Any use by You of optional tools offered through the site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

SECTION 9 – WEATHER & CANCELLATION POLICY Cancellations fourteen (14) days or prior to your charter date can be completed on your customer portal and are subject to a 5% service fee. Cancellation requests within thirteen (13) days or less prior to your charter date are subject to a 50% cancellation fee and must be requested in writing via email to contact@windycitycruise.com. Please include the following information:

Charterer’s full name Organization name (if applicable) Scheduled date and time of charter Identify request for cancellation Reason for cancellation Please note that all rescheduled charterers are exempt from the above mentioned cancellation schedule (meaning that charterers may not reschedule a charter for a future date and cancel it 14 days or more out in order to receive a full refund).

All requests for refunds, cancellations, and changes must be made in writing by You/the Charterer. Requests submitted via telephone, text messaging, social media, or through a proxy (someone other than the Charterer) will not be accepted. Fantasy Inc is not responsible for late, lost, or communications which are not received. Only refunds and changes approved in writing by Fantasy Inc will be valid. We strongly recommend adding Fantasy Inc’s email to Your contacts list so as to prevent emails forwarding to spam.

Uncharterable Weather Conditions & Reschedulings: Uncharterable weather conditions are typically the result of (but are not limited to) heavy storms, small craft advisory warnings, gale storms, strong winds, and large waves. Light rain and passing storms are typically considered charterable.

In the case that conditions are deemed uncharterable, Fantasy Inc will issue a rescheduling credit to the Charterer valid for up to one year for a charter of equal or lesser value. The Charterer agrees to the terms as outlined in Section 9 and to reschedule any charter that was deemed uncharterable on their original scheduled Charter date. All rescheduled charterers are exempt from the above-mentioned cancellation schedule (meaning that Charterers may not reschedule a charter for a future date and cancel it 14 days or more out in order to receive a full refund).

Chargebacks: You agree and acknowledge that You are responsible for any chargebacks initiated by any of Your guests who make payments on Your behalf. Further, all payments made by You are non-refundable outside of the above-mentioned cancellation policy schedule as outlined in [Section 9]. You acknowledge and agree that We have devoted significant time and resources to plan, book, and organize the charter for You, and as such, any non-refundable payments made to Us are to compensate Us for such work, regardless of the reason for cancellation (outside of approved cancellation requests as outlined in [Section 9]).

Requested Changes & Captain Fees: Some changes to your charter may result in additional charges. You will be required to approve any such additional charges in writing and such charges must be made prior to the changes being made. If Your Captain requires or requests an additional fee for making a change, You will be responsible for transmitting payment directly to the Captain as the Captain is directly employed by You and not by Fantasy Inc. This supersedes any written language by Fantasy Inc allowing for a more favorable change policy.

Any cancellation fee is subject to offset of any damages or amounts owed to Us or third parties (i.e., amounts Fantasy Inc is not entitled to recover or which must be paid notwithstanding the cancellation). Refunds will not be available if You fail to show up for any aspect of Your Services booking for any reason, including without limitation, (1) a medical emergency; (2) claims of unused or unsatisfactory transportation; (3) claims of unused or unsatisfactory parking; (4) denied access to the docking harbor and/or docking location of the docking harbor; (5) denied Services because You failed to provide full and/or accurate personal information to Us, such as an acceptable form of ID or passport; (6) untimely requests for cancellation; and/or (7) unsatisfactory third-party Services, Captain, or suppliers. Available refunds may take up to fourteen (14) days (sometimes longer) after the scheduled charter for the refund to be processed by Us and received by You.

SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via Our Services may include materials from third-parties...

Permission is granted to temporarily download copies of materials (information PDFs, pictures, etc) on Our website for personal, non-commercial viewing only. This is the grant of a license and under this license you may not:

(a) modify or copy the materials;
(b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any images, software, or marketing material on the Fantasy Inc website;
(d) transfer the materials to another person/business entity or “mirror” the materials on any other server, website, or third party booking platform.

Visit us at: www.windycitycruise.com