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LEGAL INFORMATION

Terms And Conditions Of Use

Thank you for visiting our website. The Terms and Conditions of Use set forth herein apply to the entire group of websites owned, operated, licensed or controlled by SAILSWFL.COM or its affiliates (collectively the "Company"), including but not limited to the website at http://sailswfl.com (collectively the "Company Website"). Company Website may refer to certain services or programs that are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that the Company intends to offer such service or programs in all countries or locations.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER COMPANY WEBSITE.

By using this website or any other Company Website, you signify your assent to these terms of use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these terms of use, please do not use the site. We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on a Company Website. Please check these terms periodically for changes. Your continued use of any Company Website following the posting of such changes means you accept those changes.

Limited License

You should assume that everything that you read or see on any Company Website is copyrighted or otherwise protected and owned by the Company or some third party who licensed to the Company the right to use such material. Unless otherwise expressly noted, nothing that you read or see on any Company Website may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of SAILSWFL.COM.

We grant you permission to print individual pages from a Company Website, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the Company's services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:

  • Use the materials for any commercial purpose, or for any public display (commercial or noncommercial)
  • Remove any copyright or other proprietary notations from the materials
  • Transfer the materials to another person or "mirror" the materials on any other server


The permissions granted hereunder shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. The materials contained in the Company Websites are protected by applicable copyright and trademark law. Please review the Company's Copyrights and Trademarks pages for additional details.

We make no warranties or representations to you that your use of any materials displayed on a Company Website will not infringe the rights of third parties.

Disclaimers

The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this website or any other Company Website. Users of information from this website or any other Company Website or links do so at their own risk. We assume no liability or responsibility for any errors or omissions in the content of any Company Website. The Company is not responsible for pricing, typographical, or other errors and reserves the right to cancel without liability any bookings made at erroneous rates. While the Company may make changes to the information in any Company Website or to any Company service or product at any time without notice, the Company makes no commitment to update the information on a Company Website.

THE MATERIALS IN THE COMPANY WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION SERVICES OR OTHER SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH A COMPANY WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER COMPANY WEBSITE OR THE SERVER(S) THAT MAKES THE COMPANY WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE OR ANY OTHER COMPANY WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE OR ANY OTHER COMPANY WEBSITE, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER COMPANY WEBSITES.

GOVERNING LAW

The Company operates out of Fort Myers Beach, Florida U.S.A., and the Company Website resides on servers located elsewhere. You agree that these terms of use shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law provisions.

You consent to the exclusive jurisdiction and venue of the courts in, and agree that any action at law or in equity arising out of or relating to these terms shall be filed only in, the state or federal courts located in Lee County, Florida. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Any personal data you transmit to a Company Website by electronic mail, website forms, or otherwise will be used by the Company in accordance with the privacy policy of the Company which you can access by clicking here. That privacy policy defines what is considered to be personal data. Any other communication or material you transmit to a Company Website, such as questions, comments and suggestions, will be treated as nonconfidential and nonproprietary. The Company shall be free to use such communication or material, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to you. By contacting the Company by any means with an email address, you agree to OPT-IN to our email marketing initiatives and other promotional efforts we may use to promote the Company. You may unsubscribe from our email marketing lists at any time. 

Copyrights

Unless otherwise expressly noted, all materials, including text content, images, illustrations, designs, icons, videos, and photographs appearing anywhere on the Company Website are protected by worldwide copyright laws and treaty provisions. (All such Internet websites shall be referred to as "Company websites.") The copyright on such materials is held by the original creator of the materials. None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted or distributed in any form or by any means other than as described in the Linking Policy section or with SAILSWFL.COM prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on Company Websites may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

U.S. Government Rights: United States Government license rights, if any, in the materials appearing on Company Websites are limited to those mandatory rights identified in ARS 252.227-7015(b) and all other applicable laws and regulations. All other use is prohibited without the prior written approval of SAILSWFL.COM. Use of any of the materials appearing on Company Websites by the Government constitutes acknowledgment and acceptance of the Company's proprietary rights in the materials.

Trademarks

The trademarks, service marks, logos and graphics (the "Trademarks") appearing on SAIL SWFL CRUISES' Internet sites are registered and unregistered Trademarks of SAIL SWFL CRUISES LLC or its subsidiaries (collectively, "SAILSWFL.COM") or others.

Other product names used in this publication are for identification purposes only and may be trademarks of their respective companies. No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on SAILSWFL.COM Internet sites.

Any use of SAILSWFL.COM Trademarks or linking to Company Websites must follow the terms set out in our Linking Policy section. If you are unsure whether a trademark, service mark, logo or graphic is the property of SAILSWFL.COM or if you have any questions about the use of SAILSWFL.COM Trademarks, please contact our Web master. SAILSWFL.COM vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.

Linking Policy For Travel Agents

The Terms and Conditions of Use set forth herein apply to the entire group of Company Websites. Many Company Websites contain links to or frames of non-Company Websites. We try to include links and frames only to other sites that are in good taste, but we do not control nor are we responsible for the contents of those sites. Similarly, we cannot guarantee that such non-Company Websites will not change without our knowledge. The inclusion of a link to or frame of any non-Company Websites does not imply the Company's endorsement of the linked or framed sites or their content. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource

The Company encourages links to its Internet sites by bona fide travel agents. Any such links to a Company Website must conform to the following rules:

Unless the Company provides you, the travel agent, with prior authorization in writing, any link to a Company Website must use one of the logos (displayed at right) which are protected by trademark law.

The Company grants you a limited license to use these logos, but does not transfer title in these logos to you. The logos may only be used as an active link to the SAILSWFL.COM site. (Simply right-click on the appropriate logo and save it to your directory.)

  • You may not use the logos to imply that any portion of the Company has sponsored or endorsed your World Wide website without receiving the prior written permission of the Company.
  • You may not alter the logos in any way, including proportions or colors, and may not animate or morph the logos to change their appearance.
  • You may not use the logos on any site which, in the Company's sole discretion, disparages SAILSWFL.COM or its affiliates, or their respective products or services.
  • The logos may only be used on World Wide Web pages which, in the Company's sole discretion, make accurate references to the Company and its products and/or services. The logos must be placed on the same page as the reference to SAILSWFL.COM and as close to the reference as feasible.
  • Any link to a Company Website must only be to that site's home page. As an example, the home page of various Company Websites may be viewed and accessed from the link displayed beneath the logos listed below. No "deep linking" to other pages on a Company Website is permitted without the Company's prior written consent.
  • The Company may, in its sole discretion, terminate your right to use these logos at any time. The Company may take action against any use of the logos that does not conform to these policies or that infringes any right held by the Company and will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.
Other Logos And Graphics

No logos or graphics other than those listed here may be used without the prior written approval of the Company. Any unauthorized use of any materials contained on a Company Website may result in criminal or civil penalties and the Company will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.


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All rights reserved.

Vessel Operator

SAIL SWFL sailings may be operated by Capt. Richard Fuchs or Kristoffer Stewart. See your Cruise Contract for the identity of the specific operator/carrier for your sailing. Your operator/carrier, or another member of the SAIL SWFL group of companies, acts as an intermediary between you and any airlines, hotels, transport operators, shore excursion providers, and other contractors providing any third party services to you. For more details, see your passenger contract.


Nonrefundable Deposits

A booking made either online on our website or by electronic invoice requires the payment of a non-refundable deposit at the time of booking ("Non-Refundable Deposit Booking"). The deposit is not refundable at any time after it has been paid. Payment of full deposit and full name are required at the time of booking. Deposit made are non-refundable and subject to NRD Booking terms.

If the guest cancels an NRD Booking prior to the sailing date, the cancellation terms of the Cruise Contract apply, and SAIL SWFL will issue a future cruise credit (the "FCC") in the amount of the deposit paid to the guest named on the cancelled NRD Booking. The FCC is applicable only towards the purchase of a future SAIL SWFL cruise, is subject to availability, and expires 12-months after the issue date (the "Expiration Date").

The FCC is non-transferable, non-refundable, and not redeemable for any other form of compensation, credit, or cash. For NRD Bookings that require a deposit of $200USD or less, no FCC or any other compensation or credit of any kind will be issued if a guest cancels less than 48 hours before their cruise or fails to show up in a timely manner on the day of cruise.

In the event we decide not sail due to weather, unexpected unavailability of Vessel Operator, mechanical issues with the vessel, or for any other reason, an FCC will be noted on the account in the amount of the NRD paid for the guest named on the cancelled NRD Booking. 
SAIL SWFL Sightseeing Cruises