Terms And ConditionsHolimood.com (Referred as “Holimood”, “we”, “us”, or “our” in the following content) is a website that provides a platform for connecting users (Referred as “you”) which includes vessel owners, who list vessels to rent on our site, service providers, who provide service to guests (include but not limited to vessel owners) and Guests, who seek for service. This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By visiting, using or otherwise dealing with the Services, you agree to the Terms, whether or not you become a User. If you do not agree to these terms, Please immediately stop using the Services and leave this Site.
Holimood may amend this agreement from time to time. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
1. Use of the website
As a condition of your use of this Website, you warrant that
(i) you are at least 18 years of age,
(ii) you possess the legal authority to create a binding legal obligation,
(iii) you will use this Website in accordance with this Agreement,
(iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
(v) all information supplied by you on this Website is true, accurate, current and complete.
2. Vessels Listings
Vessels Owners who would list the vessels for rental on Holimood, has acknowledged and agreed the follow terms:
(i) Vessels owners are responsible to fill in the all information which is related to service provided.
(ii) All information filled in by vessels owners should be valid as listings are public information on the site. All booking are based on the information provided on the listing.
(iii) Once a booking has been confirmed by vessels owners, the vessels owners should abide by the cancellation policy and bad weather arrangement for any changes and cancellation of the booking.
(iv) Vessels owners are responsible for any and all listed information posted. Vessels owners represent and warrant that the Listings and the booking of and guest stays at the vessel in Vessels owners’ Listing (a) do not breach any agreements, (b) comply with all applicable laws including zoning laws, and (c) do not conflict with the rights of third parties. Holimood is not responsible and has no liability for a vessel owner’s compliance with any agreements, applicable laws or third party rights.
(v) Vessels owners are solely responsible for vessels owners’ own acts and omissions and for those of any individuals who reside at or are otherwise present at the vessel because of vessels owners’ request or invitation, including guests. Vessels owners are strongly encouraged to obtain appropriate insurances for the vessels.
(vi) Vessels owners understand and agree that Holimood does not act as an insurer or as a contracting agent.
3. Holimood’s Role
(i) Holimood is not an owner or operator of any vessels. Holimood does not sell, resell, furnish, provide, rent, license, manage or control the vessels.
(ii) Holimood is not an agent representing vessel owners or guests of any kind of vessels listed on the website.
(iii) Holimood operates the site, which provides an online platform for both vessel owners and guests to meet, arrange for and book vessel and deal with each other. Holimood works with vessel owners to help market their listings to its community of users, and Holimood provides functions that enable guests and vessel owners to decide on booking offers and acceptance respectively.
(iv) Holimood, as the operator of the marketplace that is the site, also provides additional services to users, including: (a) facilitating payment transactions between guests and vessel owners; (b) enforcing the applicable cancellation and refund policies when appropriate; and(c) providing customer support to help answering questions from and resolve issues encountered by users.
4. User Verification
Although Holimood requires all users to provide valid and accurate information, user verification on the Internet is difficult and we cannot and do not assume any responsibility for, the confirmation of each user’s purported identity.Users should communicate through the tools available on the website and suggested tools even this cannot assure you of the identity of the person you are communicating with.
5. Booking and Payment
(i) As a vessel owner, you should reply (either confirm or reject) the booking request within 24 hours of the guests’ requisitions. Booking will be automatically cancelled if we do not receive your reply after 24 hours. If you accept the booking request, a confirmation message will send to your Holimood account registered Email from us.
(ii) We do not impose a listing fee on vessel owners at the moment. Nevertheless, we reserve the right to charge the vessel owners for listing vessels on Holimood in the future. Holimood will notify vessel owners in advance if there are any changes on the collection of listing fees. In each transaction, Holimood will collect proportional transaction amount from vessel owners as booking service fee in each successful booking.
(iii) The amounts due and payable by guests solely relating to a vessel owner’s vessel rental and service are the “package price”. Most likely, the package price includes the vessel rental fee and extra service fee. The vessel owner solely determines the package price and the deposit amount. Booking service fee is collected by Holimood in each transaction from the vessel owners.
(iv) As guests, after receiving confirmation of the booking request from the vessel owner, your booking is confirmed. Any reschedule or cancel can only be made according to the cancellation policy and bad weather arrangement.
(v) Holimood will keep the payment deposit at the time of booking confirmation and transfer the payment (deposit less booking fee) to the vessel owners after the date of boat trip. The vessel owners will receive the payment before the first 7 working days of the next calendar month.
(vi) Holimood provides a feature through which users may view vessel rental price and fees in currencies other than Hong Kong dollars. Amounts listed in currencies other than Hong Kong dollars are for information only and do not represent the exchange rates or amounts applicable to your payments.
(vii) Hong Kong dollars are the main currencies used in the transaction. All fees are payable in Hong Kong dollars. Currencies other than Hong Kong dollars used in transaction is subject to the currency conversion rate and the corresponding processing costs are not refundable.
(viii) Holimood is not responsible for collecting security deposits for vessel rentals. No transaction of security deposit is allowed through the services provided by Holimood.
(ix) For taxes, both guests and vessel owners are solely responsible for determining your own taxes arising out of or in connection with our services. Holimood do not provide any tax advice to both parties.
(x) The vessel owners, not Holimood, are solely responsible for honoring any confirmed bookings and making available any vessels reserved through the site, application and services. If you, as a guest, agree to enter into a transaction with a vessel owner for the booking of vessel, you agree and understand that you will be required to enter into an agreement with the vessel owners and you agree to accept any terms, conditions, rules and restrictions associated with such vessel imposed by the owners. You acknowledge and agree that you, and not Holimood, will be responsible for performing the obligations of any such agreements, that Holimood is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Holimood disclaims all liability arising from or related to any such agreements.
(xi) Each vessel owner hereby appoints Holimood as their limited agent solely for the purpose of collecting payments made by guests on behalf of the vessel owner. Each vessel owner agrees that payment made by a guest to Holimood shall be considered the same as a payment made directly to the vessel owner and the vessel owner will make the vessel available to guest in the agreed upon manner as if the vessel owner has received the deposit . Each vessel owner agrees that, Holimood may, in accordance with the cancellation policy selected by the vessel owners and reflected in the relevant listing, (i) permit the guest to cancel the booking and (ii) refund proportion amount of the vessel rentals specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the vessel owner, Holimood assumes no liability for any acts or omissions of the vessel owners.
(xii) We use third-party payment system. We do not retain any payment card information. Any and all payments or fees charged by third-party service providers shall be borne by the users themselves unless otherwise stated.
(xii) Holimood also accept other payment method such as bank transfer and cash payment.
6. Intellectual Property Rights
(i) Our intellectual property: Material on our site (including the name and style of Holimood but excluding third-party content) is protected by rights of publicity, copyright, trademark, trade secret and other applicable proprietary rights and intellectual property laws. Except as expressly authorized by us, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, create derivative works from or otherwise deal with these material.
(ii) Use of our intellectual property: You may not retrieve data or other content from our site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, whether by manual methods, through the use of bots, crawlers, spiders or otherwise. You may not display any portion of the site in a frame or any content from our site through in-line links, unless we have provided our prior written consent which you may request at [email protected] You may establish ordinary links to the homepage of our site without our written permission and use embedded html widgets, if we have provided them.
7. Prohibited Activities
The license to use the website only extends to the uses expressly described herein. The content and information on this website (including, but not limited to, price and availability of vessel rentals), as well as the infrastructure used to provide such content and information, are proprietary to us or our suppliers and providers. You agree not to otherwise modify copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website.
Additionally, you agree not to:
(i) Use this website or its contents for any commercial purpose;
(ii) Make, or use the website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
(iii) Access, monitor, reproduce, upload, re-publish, distribute, transmit, display or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
(v) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the website, or infringes on our copyright or the copyright of our suppliers;
(vi) Deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(vii) “frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization;
(viii) Take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
(ix) Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties; or
(x) Post or transmit any spam, false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this agreement.
8. Cancellations and Refunds
If guest cancel the requested booking before it is confirmed by a Vessel owner, Holimood will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If guest want to cancel a confirmed booking made via the Site, application and Services, either prior to or at the date of boat trip, the cancellation policy of the Vessel owners contained in the applicable listing will apply to such cancellation. Our ability to refund the deposit and other amounts charged to you will depends upon the terms of the applicable cancellation policy. Details regarding on refunds and cancellation policies are available on the Site and Application.
Vessel owner is not allowed to cancel a confirmed booking unless the vessel is unavailable due to an event of force majeure. If a vessel owner cancels a confirmed booking made via the Site, Services, and Application. Vessels owners should provide an alternate vessel which can provide same level or upgraded service. Guests can accept the arrangement or reject the offer to receive a full refund.
9. Amendments or Cancellation by Service providers
Service providers reserve the right to make any changes (except for Yacht charter itself) when they become necessary. Most of these changes will be minor and Holimood will advise customer of them at the earliest possible date. Service providers also reserve the right in any circumstances to cancel arrangements. If service providers are unable to provide the booked arrangements, a replacement at the same cost would be offered (subject to availability).
If service providers are unable to offer the free facilities and service listed, service providers would try the best to provide an alternative which can provide same level service and facilities, though the compensation is not guarantee. If the service providers are unable to offer the extra paid facilities and service, guests can accept the arrangement or reject the offer to receive a full refund of the extra payment.
If service providers are unable to offer the yacht charter, where it is unavailable when customer arrive through no fault of service providers’ and Holimood (for example by having been damaged by a previous client), customers could either choose : a replacement of yacht charter at the same cost would be offered (subject to availability) OR a full refund.
If you have a problem during your charter, please inform a relevant crew member immediately, who will endeavor to put things right. If your complaint is not resolved at the time, please follow up within 3 days at the end of the charter, by writing to us an email. Please give your booking reference and all other relevant information for further investigation. Nevertheless, we strongly suggest that you communicate any problem to crew on board at the time. This gives the vessel owners a much better opportunity to fix any issue directly and not allow this opportunity at the time, affect how we view any subsequent complaint.
11. Local and International Laws
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country in which you reside, as well as all laws relating to vessels and the use thereof.
12. Disclaimer of Warranties; Limitation of Liabilities
(i) You expressly agree that the use of services provided by Holimood is at your sole risk. Those information, goods and services are provided on an “as is” and “as available” basis.
(ii) Holimood expressly disclaims all warranties or representations of any kind, whether express or implied, including but not limited to warranties of title, merchantability and quality, fitness for a particular purpose and no infringement of any rights of the third party.
(iii) Holimood makes no guarantee that the information, goods and services will meet your requirements, or that the said information, goods and services and their use and results will be free from interruption, timely secure, accurate, safe, reliable or error free. Holimood also makes no warranty that any defects in software and hardware will be corrected.
(iv) Holimood also makes no warranty as to results or quality of any information or services obtained or purchased from or through our website or applications.
(v) In no event Holimood, or any party involved in creating, producing or providing any contents, materials, goods and/or services through our site or applications shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of revenue or anticipated profits, loss of business, goodwill, data or other intangible losses even if Holimood has been advised of the possibility of such damages resulting from (i) the inaccuracy, invalidity or incompleteness of the contents and materials; (ii) use of or inability to use our services; (iii) the cost of procurement of substitute goods and/or services resulting from any goods data, information or services purchased or obtained through our website, application and services; (iv) unauthorized access to or alteration of your transmission or information; and (vi) other matters related to Holimood. In the event of any of the said circumstances results from the gross negligence or willful act of Holimood, the claims that the Holimood may account shall be limited to the amount of fees (if any) paid to Holimood for the use of goods and/or services.
(vi) Holimood disclaims any liability for any of losses of or damages due to its failure to perform its undertakings or provide any of the services attributable to any events or circumstances beyond Holimood control (including but not limited to delay or error in transmission of any content) or any implementation or amendments of the applicable laws, conventions and regulations or restrictions imposed by the government or relevant authorities, or fires, rain-storms, typhoons, thunders, earthquakes, riots, wars or any other natural disasters.
(vii) Holimood is a reputation-based system, and that you will reasonably rely on service users’ comments and referrals, use common sense and exercise due care and diligence in using and relying on the services.
(viii) Holimood may contain materials submitted posted or displayed by other third parties. Holimood has not edited or reviewed or monitored any of the said materials. Holimood shall not be responsible and liable for any losses and damages arising from the materials submitted or posted or displayed by the said third parties. Unless stated otherwise, the materials contained in our website and application shall not represent any views or opinions of Holimood.
(ix) If you are dissatisfied with the website or the service, you do not agree with any part of the terms, or have any other dispute or claim with or against Holimood with respect to the terms of the website or the service, and then your sole and exclusive remedy shall be to discontinue using the website.
(x) In case the terms and conditions have discrepancy in Chinese and English versions, the English version shall prevail.
You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including reasonable legal fees, arising out or relating to your use of the services or your breach of these terms.
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the agreement or other matters by displaying notices or links to notices to you generally on the website.
If you have any questions about these terms or report any violations of this agreement to our customer service, please contact us at [email protected]
Cap. 548D MERCHANT SHIPPING (LOCAL VESSELS) (CERTIFICATION AND LICENSING) REGULATION, 6. Restrictions on Class IV vessels
(1)A Class IV vessel shall not be used otherwise than—
(a)by the owner exclusively for pleasure purposes; or
(b)if it has been let to any person, by that person exclusively for pleasure purposes.
(1A)A Class IV vessel must not be let for hire or reward unless there is an endorsement on the vessel’s operating licence showing that approval for the vessel to be let for hire or reward has been given by the Director. (L.N. 68 of 2020)
(1B)If an owner of a Class IV vessel intends to let the vessel for hire or reward for an intended service that involves the carriage of passengers, the owner must, when applying for or renewing an operating licence in respect of the vessel—
(a)indicate that it is the owner’s intention to let the vessel for hire or reward;
(b)submit to the Director copies of the certificate of inspection or certificate of survey referred to in subsection (3)(a) and the policy of insurance referred to in subsection (3)(b); and
(c)seek the Director’s approval for the vessel to be let for hire or reward. (L.N. 68 of 2020)
(1C)If the Director approves a Class IV vessel to be let for hire or reward, the Director must make an endorsement to that effect on the vessel’s operating licence. (L.N. 68 of 2020)
(1D)If subsection (1A) is contravened in respect of a vessel, the owner of the vessel, the owner’s agent and the coxswain of the vessel each commits an offence and is liable on conviction to a fine at level 3. (L.N. 68 of 2020)
(1E)During the transitional period, a contravention of subsection (1A) does not constitute an offence under subsection (1D). (L.N. 68 of 2020)
(1F)For subsection (1E), transitional period means the 12-month period beginning on 1 August 2020. (L.N. 68 of 2020)
(2)A Class IV vessel shall not be let for hire or reward unless—
(a)it is let under the terms of a written charter agreement or written hire-purchase agreement;
(b)the agreement contains a warning that states clearly—
(i)that the person to whom the vessel is let commits an offence if he does not comply with section 6(5)(b) of the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (Cap. 548 sub. leg. D);
(ii)that the person to whom the vessel is let should read carefully section 6 (except subsections (1), (2) and (4)) of the Regulation; and
(iii)where in the agreement the full text of those provisions may be found;
(c)the agreement contains, either in its body or as its attachment, the full text of this section (except subsections (1), (2) and (4));
(d)the warning and text referred to in paragraphs (b) and (c) are in the same language as that of the remaining parts of the agreement and are presented prominently in the agreement; and
(e)the agreement is signed by the owner and the person to whom the vessel is let.
(3)A Class IV vessel shall not be let for hire or reward for an intended service that involves the carriage of passengers unless there is in force in respect of the vessel—
(a)such certificate of inspection or certificate of survey certifying that the vessel is fit for the intended service as is required under the Survey Regulation for a Class IV vessel of the type for which the vessel is certificated; and
(b)such policy of insurance in respect of third party risks as is required under Part VA of the Ordinance for a Class IV vessel of the type for which the vessel is certificated, having regard to the intended service. (24 of 2005 s. 23)
(4)If, without reasonable excuse, subsection (1), (2) or (3) is contravened the owner of the vessel, his agent and the coxswain each commits an offence and is liable on conviction to a fine at level 3.
(5)Where a Class IV vessel is let for hire or reward—
(a)the owner, his agent and the coxswain shall ensure that there is kept on board the vessel—
(i)the relevant written charter agreement or written hire-purchase agreement; and
(ii)if any passenger is carried in the vessel, the certificate of inspection or certificate of survey and the policy of insurance referred to in subsection (3), or certified copies of them; (24 of 2005 s. 23)
(b)the person to whom the vessel is let shall ensure that throughout the period when the person is in possession of the vessel—
(i)the vessel is not used otherwise than by him exclusively for pleasure purposes; and
(ii)the documents referred to in paragraph (a) are kept on board the vessel; and
(c)the coxswain shall, on request by an authorized officer, produce for inspection the documents referred to in paragraph (a).
(6)A person who without reasonable excuse contravenes subsection (5), commits an offence and is liable on conviction to a fine at level 2.
(7)A person to whom a Class IV vessel is let does not have a reasonable excuse for contravening subsection (5)(b)(ii) merely because the person’s contravention is attributable to the contravention by the owner, his agent and the coxswain of subsection (5)(a).
(8)For the purpose of this section, a Class IV vessel is to be regarded as being used by a person exclusively for pleasure purposes if—
(a)in the case of the person being an individual, the vessel is used to carry the individual, his family members, relatives, friends and employees, and family members, relatives and friends of his employees, for their pleasure purposes; or
(b)in the case of the person being a club, company, partnership or association of persons, the vessel is used to carry its members and employees, and family members, relatives and friends of those members and employees, for their pleasure purposes.
(9)If a person to whom a Class IV vessel is let under a hire-purchase agreement is named in the certificate of ownership as owner by virtue of section 9(b), then subsections (3) and (5) apply neither to the hire-purchase agreement nor to the vessel as far as that agreement is concerned.