Terms of Use & Liability Release

Terms of Use & Liability Release

Welcome to LuxCharter, "LUX CHARTER, LLC, d/b/a LuxCharter", ("we," "us," or "our") by using our website, "platform", application, booking platform (collectively, the "Services"), you agree to these Terms of Use ("Terms"). If you do not agree to these Terms, do not access or use the Services.

Scope of Services

We operate a booking platform that connects users ("you" or "your") with independent third‑party providers ("Operators") offering the following categories of rentals and experiences (collectively, the "Offerings"): Fishing Charters, Yacht and Boat Charters, Vehicle Charters, Aircraft Charters, Venue Charters, Experiences (guided, recreational, or curated activities), Services (personal, professional, or luxury support related to these Offerings)

We do not own, operate, manage, or control any vessel, vehicle, aircraft, venue, experience, or service listed on our platform. Our role is limited to facilitating reservations, processing deposits, and transmitting booking information between you and the Operator. The Operator collects the remaining balance directly from you.

Independent Operators

Operators are independent contractors and are not our employees, agents, or partners. We do not supervise their operations or guarantee their performance, safety practices, or compliance.

Each Operator is solely responsible for:

• Licenses, permits, insurance, and regulatory compliance, the safety, condition, and operation of vessels, vehicles, aircraft, venues, equipment, and activities.
• Accuracy of their listings, pricing, photos, and descriptions.
• On‑site management, staff, and safety protocols.

Any issues, incidents, or disputes related to the execution of an Offering must be addressed directly with the Operator.

Payments, Deposits, and Balances

When you book, you authorize us to charge a deposit to secure the reservation. This deposit is applied toward the total price shown at checkout.

You must pay the remaining balance directly to the Operator under their payment terms. We are not responsible for collecting, refunding, or disputing any payments made directly to the Operator. Unless stated otherwise in our policies or required by law, deposits are non‑refundable, unless they are covered under the following:

Cancellations and Refunds

Cancellation rules can vary by Operator and by type of Offering. You are responsible for reviewing:

• Our General Cancellation Policy; and
• Any Operator‑specific cancellation or rescheduling terms.

If an Operator cancels due to weather, mechanical issues, staffing, venue problems, safety concerns, or other reasons, our responsibility is limited to refunding any amount we directly processed for that booking, if applicable. We are not liable for additional costs, such as travel, lodging, or lost time.

Assumption of Risk and Release of Liability

Many Offerings involve physical activity, travel, and changing conditions, which carry inherent risks. These include, without limitation, accidents, injuries, illness, equipment failure, adverse weather, marine or wildlife encounters, and human error.

By booking or participating in any Offering, you:

• Understand and accept all associated risks, whether known or unknown.
• Agree to release and hold harmless LuxCharter its owners, employees, and affiliates from any claims, losses, damages, injuries, or expenses arising out of or related to any Offering.

This release covers events connected to the acts or omissions of Operators, their staff, and the condition or use of any vessel, vehicle, aircraft, venue, equipment, or location. You acknowledge that we do not provide insurance for you, your guests, or your property and that you should obtain your own coverage if desired.

Disclaimer of Warranties

The Services and all listings are provided "as is" and "as available." We do not guarantee and are not responsible for:

• The quality, safety, legality, or suitability of any Offering or Operator.
• The accuracy or completeness of any listing or content.
• Any specific outcome, experience, or result from an Offering.

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non‑infringement.

Limitation of Liability

To the maximum extent permitted by law, our total liability for any claim related to your use of the Services or any booking is limited to the deposit amount we collected for that specific reservation.

We are not liable for:

• Personal injury, death, or property damage.
• Lost profits, lost opportunities, or business interruption.
• Incidental, indirect, special, or consequential damages.

If any limitation is found unenforceable, our liability will be limited to the smallest amount allowed by applicable law.

Force Majeure

We are not responsible for any delay or failure to perform our obligations under these Terms when caused by events outside our reasonable control. These events may include natural disasters, fire, flood, severe weather, power or utility failures, equipment or technology outages, internet or network disruptions, government actions or restrictions, war, terrorism, civil unrest, strikes, labor issues, public health events, or similar emergencies. Our obligations will be suspended for the duration of such event.

Governing Law and Venue

These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Illinois. Unless resolved through arbitration as described below, any legal action arising from these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in Chicago, Illinois, and you consent to the jurisdiction and venue of those courts.

Arbitration

Any dispute or claim relating to your use of the Services or any Offering will be resolved by binding arbitration in Chicago, Illinois. The arbitration will proceed under the commercial arbitration rules of the American Arbitration Association (AAA) or a similar recognized arbitration organization.

The arbitrator's decision will be final and may be entered as a judgment in any court with jurisdiction. If your claim is rejected, you agree to reimburse the reasonable arbitration and legal costs incurred in the proceeding, to the extent permitted by law.

Modifications

We may update these Terms from time to time. Changes take effect when posted on our website or platform. Your continued use of the Services after changes are posted means you accept the updated Terms.

Contact Information

For questions about these Terms or your booking, contact:

Email: support@LuxCharter.com

Phone: 1-332-323-3707