LEGAL
GENERAL
Your use of the Cecil Wright & Partners (‘CW&P’) website is governed by these terms and conditions which should be read in conjunction with details provided on the website about how it operates and the services it makes available. For all enquiries or if you experience problems with our website or have comments please contact Cecil Wright & Partners ltd, London.
IMPORTANT DISCLAIMER
All information contained in this site has been provided by third parties, and Cecil Wright & Partners is providing this site on an 'AS IS' basis, and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Cecil Wright & Partners makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Cecil Wright & Partners howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Cecil Wright & Partners nor any of its employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the foregoing, none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded or in any way to exclude or limit Cecil Wright & Partners liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Nothing on this website constitutes advice, nor does the transmission, downloading or sending of any information create any contractual relationship. Prices and indications as to the availability of yachts, captains and crew on this website are given for guidance purposes only and are subject to change without notice.
CW&P is not responsible for the content of external websites that link to this website or which are linked from it.
USE OF SITE
CW&P reserves the right to withdraw its website at any time and without prior warning. CW&P will endeavour to advise users of its website in advance of any withdrawal, whether such withdrawal is temporary or permanent.
LINKS TO THIS WEBSITE
CW&P reserves the right at its discretion to prohibit any link from another internet website or equivalent entity to materials or information on this website. Without prejudice to that, any link to material or information on this website must be neither misleading nor deceptive and must fairly indicate CW&P or cecilwright.com as the destination of the link.
COPYRIGHT AND RELATED RIGHTS
All content, designs, text, graphics, software compilations and source codes on this website are the copyright of CW&P and/or its content providers.
Reproduction of part or all of the contents of this website in any form is prohibited and may not be recopied and shared with a third party. Any other use of the website without prior written consent from CW&P is strictly forbidden.
DISPUTES
You and CW&P agree that any disputes arising from your use of this website will be subject to English law and the non-exclusive jurisdiction of the English courts.
AMENDMENTS
CW&P reserves the right to change or amend these website terms and conditions without prior notice.
TERMS OF BUSINESS
Cecil Wright & Partners Limited – General Terms and Conditions
1 ABOUT US
1.1 We are Cecil Wright & Partners Limited (company number 08412005) (we and us). We are a company registered in England and Wales, and our registered office is at 73 St James's Street, London, United Kingdom, SW1A 1PH.
1.2 To contact us, please telephone our team at +44 20 74081001 or email us at [email protected]
2 APPLICATION OF THESE TERMS AND CONDITIONS
2.1 These terms and conditions (Terms) apply to any advice, information, documents, services or tools which we provide or agree to provide to you or allow you to access (including via our website) (the Services) where we have not entered into a written agreement with you which applies to those Services.
2.2 We would be happy to discuss a more formal arrangement with you at any time and to seek to agree the terms that would apply to that arrangement. However, in the absence of any other agreement these Terms will apply to our relationship to the exclusion of any other terms and conditions.
3 OUR SERVICES
3.1 Any descriptions or illustrations on our website or in any hard copy or electronic materials are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of any agreement between us or these Terms, or have any contractual force.
3.2 We will always try to provide the Services using reasonable care and skill. However, any advice and guidance that we provide where these Terms apply is to be treated as informal guidance only and should not be relied upon and we exclude all liability in relation to such advice.
3.3 If we agree to provide you with something by a specific date then we will use our reasonable endeavours to achieve that date, but you agree that any such dates are estimates only and we will not be liable for any failure to meet such dates.
3.4 We are not obliged to provide you with any Services and you or we can end the provision of any Services at any time by telling the other party.
3.5 If our ability to perform the Services is prevented or delayed by something that you do or don’t do, then we will not be liable to you for any failure to perform the Services.
4 INDUSTRY FEE STRUCTURES
4.1 The yacht brokerage and charter industry operates on established commission structures, which are typically reflected in the pricing of transactions.
4.2 Yacht Sales
4.2.1 In yacht sale transactions, brokerage commissions are typically calculated as a percentage of the final sale price and are ordinarily payable by the seller. Such commissions are commonly shared between brokers representing the seller and the buyer.
4.2.2 In certain circumstances, including where a seller does not agree to pay commission in respect of a buyer’s broker, or where the agreed commission structure differs from usual market practice, a buyer may be responsible for the fees of their appointed broker, whether directly or through the structure of the transaction.
4.2.3 Commission rates vary depending on the size, value and nature of the yacht, but are generally within a range of 5% to 10% of the sale price, with variations for higher-value vessels.
4.3 Yacht Charter
4.3.1 In yacht charter transactions, brokerage commissions are typically incorporated within the charter fee and are ordinarily payable by the yacht owner.
4.3.2 Clients chartering a yacht do not usually pay brokerage fees separately but are responsible for the charter fee and associated costs, which may include taxes, provisioning allowances and customary crew gratuities.
4.4 General
4.4.1 The above reflects general industry practice only. The specific terms applicable to any transaction will be set out in the relevant agreement and may vary depending on the circumstances.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 We own all intellectual property rights in anything we create or provide as part of our Services (except for materials you give us).
5.2 We give you a licence to use the materials we provide for your own internal business purposes. This licence is free, non-exclusive and worldwide. You must not sell, transfer or give others any right to use these materials.
5.3 Anything you provide to us, such as documents or images, remains your property. You give us a licence to use, copy and modify such materials only so we can deliver our Services to you. This licence is free and non-exclusive, and non-transferable.
6 HOW WE MAY USE YOUR PERSONAL INFORMATION
6.1 We will process your personal information in accordance with UK data protection laws, which includes the UK GDPR and the Data Protection Act 2018. Our privacy policy is available on request.
7 LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
7.1 Reference in these terms to “liability” or “liable” means any liability arising under or in connection with these Terms whether in contract, tort (including negligence), breach of statutory duty or otherwise howsoever arising.
7.2 You agree that because any Services that we provide under these Terms are free of charge and are provided purely on a goodwill basis, that the limitations and exclusions set out in this clause are reasonable.
7.3 Nothing in these Terms excludes or limits any liability which cannot legally be excluded or limited, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
7.4 Subject to clause 7.3, we will not be liable for:
7.4.1 loss of profits;
7.4.2 loss of sales or business;
7.4.3 loss of agreements or contracts;
7.4.4 loss of anticipated savings;
7.4.5 loss of use or corruption of software, data or information;
7.4.6 loss of or damage to goodwill;
whether direct or indirect; or
7.4.7 any indirect or consequential loss.
7.5 Subject to clause 7.3, our total liability to you arising under or in connection with these Terms whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £1,000 (one thousand pounds).
7.6 We exclude from these Terms, all warranties, terms and conditions which may be implied by law, custom, course of dealing or otherwise, as far as legally allowed.
8 CONFIDENTIALITY
8.1 We and you agree not to disclose to any person any confidential information concerning the other’s business, affairs, customers, clients or suppliers which we or you (the Receiver) receive from the other (the Discloser), except as permitted by clause 7.2.
8.2 The Receiver may disclose the other’s confidential information:
8.2.1 to such of the Receiver’s respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising its rights or performing obligations under these Terms. The Receiver will ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause Error! Bookmark not defined.7; and
8.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
8.3 The Receiver may only use the Discloser’s confidential information to the extent necessary for the purpose of fulfilling its obligations and exercising its rights under these Terms.
9 GENERAL
9.1 Events outside our control. Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by any act or event beyond the reasonable control of that party (an Event Outside Control).
9.2 Variation. We (or our authorised representatives) may update these Terms from time to time. If we do, we will post the new version on our website and let you know where possible.
9.3 Severance. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
9.4 Entire Agreement. These Terms set out the entire agreement between you and us in relation to the Services. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Terms.
9.5 Third party rights. These Terms apply between you and us. No other person has any rights to enforce any of these Terms.
9.6 Governing law and jurisdiction. These Terms are governed by English law, and you and we irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.