Bluemoon Terms of Service

Terms of Service

Who are we?

Bluemoon (“us”, “we” or “our” as the context requires) is an online travel marketplace offering three markets on a single platform; Yacht Charter, Vacation Rental and Private Aviation (the “Services”). We connect quality suppliers in each market with travellers from all over the world creating priceless opportunities and experiences via our websites, apps and other platforms (the “Platforms”).

Bluemoon is not a travel agent and is not responsible for providing or controlling the prices applicable to, any of the travel options or products which you find and book via our Services (“Third Party Travel Products”). All such Third Party Travel Products are provided by independent travel agents, third party aggregators, charter agents, accommodation providers or other third parties (“Travel Providers”) and are subject to the terms and conditions of those third parties, with whom you will enter into a contract and to whom you will make payment for Third Party Travel Products which you find on the Bluemoon Platform.

Our Services and Platforms are provided by Bluemoon Technologies Limited, a private limited company incorporated and registered in England & Wales with company number 14010223. You can find our details, including correspondence address and registered office, on our Company Details page.

These Terms

These terms and conditions (“Terms”) govern your access to and use of our Services and Platforms, together with our Privacy Policy. By accessing or using the Services or Platforms, you are confirming that you have read, understood and agreed to these Terms and those of the Privacy Policy.

We may amend these Terms at any time at our discretion. If these Terms are amended, we will publish the revised terms and conditions and you will be deemed to have accepted any amendments if you continue using our Services or Platforms after the amendments are displayed. If you do not accept all of these Terms then you should not use our Services or Platforms.

Using our Services

You may only use our Services and Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to these Terms, we grant you a non-transferable, non-exclusive licence to download, access and use our Services and Platforms for your own personal, non-commercial purposes and for no other purpose. We grant this licence subject to you agreeing that you shall not:

1. use our Services or Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that: (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Bluemoon; or (v) you do not otherwise have any rights or the permissions you need to make available;
2. use our Services or Platforms for any commercial purpose or in any manner which may cause damage to Bluemoon or bring Bluemoon into disrepute;
3. disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via our Services or Platforms, except as legally permitted;
4. copy, distribute, communicate to the public, sell, rent, lend or otherwise use our Services or Platforms, or seek to violate or circumvent any security measures in place to restrict your access to or use of our Services or Platforms;
5. use or interfere with our Services or Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
6. introduce onto, or transmit via our Services or Platforms any disruptive or malicious code, virus, worm, or trojan horse, or a ‘denial of service’ or ‘spam’ attack; or
7. remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on our Services or Platforms, or pass off or attempt to pass off our Services or Platforms as the product of anyone other than Bluemoon.

You also agree not to use any unauthorised automated computer program, software agent, bot, spider or other software or application to scan, copy, index, sort or otherwise exploit our Services or Platforms or the data contained on them.

Where you sign up to our Services or Platforms with a log-in account or password, you are responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know at info@tothebluemoon.com immediately.

Our Services and Platforms are not intended for children under 16 years of age, and no one under the age of 16 may provide any information to or via our Services or Platforms. We do not knowingly collect personal information from children under 16, and if we learn that we have collected or received personal information from a child under 16, we will delete that information in accordance with our Privacy Policy.

To the extent that any part of our Services or Platforms is hosted on a third party website or mobile app and there are separate terms of use relating to that website or mobile app, you agree to comply with those terms and conditions in addition to these Terms.

Sharing information with us

We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personal data (as defined in our privacy policy) which you submit to or via our Services or Platforms may be used by us in accordance with our privacy policy. You agree to ensure that all personal data you provide to us is accurate and up to date and that you have all consents, licenses or approvals necessary to allow us to use that information in accordance with these Terms, our community guidelines and our privacy policy.

To the extent that our Services or Platforms allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with Bluemoon or other Bluemoon users (“User Content”), you agree that:

1. you are solely responsible for User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share or for which you cannot grant the licence in paragraph 2 below;
2. although all intellectual property rights subsisting in any User Content will be owned by you or your licensors and you are always free to share your User Content with anyone else, you hereby grant Bluemoon a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically and otherwise, publicly display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (in accordance with our privacy policy) including for the purposes of advertising and marketing our Services and Platforms. For example, we may make User Content available to our business partners to display on their own sites. You are in control of the User Content you upload to the Bluemoon Services and can terminate this licence any time by either deleting the User Content or your Bluemoon account. Deleted User Content will be promptly removed within 48 hours.
3. we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of your own User Content.

If you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby irrevocably assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.

Bluemoon’s property

Except as set out elsewhere in these Terms, all intellectual property rights including copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in our Services and Platforms (together, the “Intellectual Property Rights”) are owned by or licensed to Bluemoon. You acknowledge that by using the Services or Platforms, you will not acquire any right, title or interest in or to them except for the limited licence to use them granted to you by these Terms. You also acknowledge that you have no right to have access to any of the Services or Platforms in source-code form unless it is released under a license specifically permitting such access.

Other people’s property

We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on our Services or Platforms, please send a written notification of the alleged infringement to info@tothebluemoon.com.

To assist us with resolving any alleged infringement, and where applicable in order to make a valid notification under the Digital Millennium Copyright Act (for which purposes the Legal Department are the designated agent) please include the following information in your notice:

1. identification of the copyrighted work claimed to have been infringed;
2. identification of the claimed infringing material and enough information for us to reasonably locate it on our Services (providing the URL(s) of the materials is fine);
3. enough information for Bluemoon to contact you, such as an address, telephone number, and, if available, an email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. for claims under the DMCA only, a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf, and your physical or electronic signature.

Price accuracy and warranty disclaimer

Your use of the Services and Platforms is entirely at your own risk.

Although we do our best to ensure that the content displayed on or via our Services and Platforms, such as the descriptions, pricing or important information, is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We will always endeavour to notify you at the earliest possibility opportunity of any price or content changes.

We provide the Services and Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that our Services or Platforms (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.

Making travel bookings via Bluemoon

Bluemoon is not a travel agent and is not responsible for providing any travel options displayed via the Services or Platforms or for setting or controlling the prices we display. Any Third Party Travel Products which you find and/or book via our Services or Platforms are provided by independent Travel Providers.

Bluemoon facilitates your bookings with Travel Providers but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Travel Provider and the terms and conditions applicable to your booking with them (“Travel Provider Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking.

The Travel Provider Terms should set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong.

You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations, revocation of frequent flier miles and other benefits, and additional charges.

Where you have used our Platforms to book two or more related travel products within a 24-hour period (for example a flight and hotel booked separately but within 24 hours of each other) then this may be classified as a “Linked Travel Arrangement” depending on where you are located and the applicable consumer protection laws that apply. Where a Linked Travel Arrangement has been created, you will not have the same level of consumer protection that you would get where you book both a flight and hotel together through one single agent (where you may then get the benefits that apply to booking holiday packages). This means that you need to rely on each individual Travel Provider to perform their services, and do not have legal recourse to the organiser or the retailer of a package. In the event of the insolvency of one of the providers involved in the Linked Travel Arrangement, the protections available under the EU Package Travel Regulations will not apply.

Cancellation and modification of travel bookings

If you wish to cancel a travel booking, you must notify Bluemoon immediately so that we can assist you in rebooking or minimising cancellation charges. In general, if you cancel a reservation, any amount refunded to you is determined by the cancellation policy outlined in the Travel Provider Terms that apply to that booking. However, in certain situations, other policies take precedence and determine what amount is refunded to you. If the Travel Provider cancels, or you experience any other issue affecting your booking, you may be entitled to rebooking assistance or a partial or full refund dependent on the Travel Provider Terms. Please read each contract carefully before booking for full details of the applicable cancellation policies.

If you wish to change any aspect of your booking, you may do this through the Platforms or by contacting Bluemoon’s customer service team. If changes are accepted, the Travel Provider may levy additional fees or taxes.

International Travel

When you book international travel reservations with third-party suppliers or plan international trips using the Platform, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Bluemoon accepts no liability for travellers who are refused entry onto a flight or into any country because of the traveller’s failure to carry the travel documents required by any airline, authority or country, including countries the traveller may just be passing through en route to his or her destination. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

Limitations and exclusions of liability

These Terms set out the full extent of Bluemoon’s obligations and liabilities in respect of our Services and Platforms. Bluemoon does not make any promises about a Travel Provider’s products and services (apart from what we expressly state in these Terms). Making the right choice for a travel booking is entirely your responsibility.

Bluemoon has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of our Services or Platforms (including, without limitation, any Travel Provider). If you encounter any problems with any booking you make or attempt to make via Bluemoon, Bluemoon will assist you in attempting to resolve the problem but you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Bluemoon. Where our Services or Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via our Services or Platforms; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, our Services or Platforms or their contents. Subject to these Terms and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these Terms or your access to, use of, or inability to access or use, our Services or Platforms shall be limited to the sum of £100 (one hundred pounds sterling).

Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.

Your responsibility and liability to us

You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, Yacht or Private Jet.

Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, and each of our officers, directors, employees and agents, arising out of or in any way connected with your use of our Services or Platforms or breach of these Terms.

Termination

Bluemoon may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account. Bluemoon may suspend your access and use in whole or in part without notice at any time without incurring any liability to you whatsoever. Bluemoon will only do this if, in its opinion, there is good reason to, for example, in the case of (i) fraud or abuse, (ii) non-compliance with applicable laws or regulations or (iii) inappropriate or unlawful behaviour (e.g. violence, threats or invasion of privacy) in relation to us or anyone else.

General provisions

You acknowledge that your unauthorised use of our Services or Platforms may result in irreparable damage and injury to Bluemoon and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you.

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of our Services or Platforms.

Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms. A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.

Irrespective of the country from which you access or use Services or Platforms, to the extent permitted by law these Terms and your use shall be governed in accordance with the laws of England and Wales and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of England and Wales to resolve any disputes which may arise hereunder. If you are using the Platforms or Services for commercial purposes, or via an unauthorised computer program as further described and prohibited under the “using our services” section of these Terms, then you submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising hereunder unless there is an existing commercial agreement between us governing your use which specifies otherwise.

Contact us

If you have a query or complaint, please contact our Customer Service team. You can do this by sending us an email at info@tothebluemoon.com. You can help us help you as quickly as possible - by providing:

• your Booking confirmation number, your contact details and the email address you used when you made your Booking
• a summary of the issue, including how you’d like us to help you
• any supporting documents (bank statement, pictures, receipts, etc.)

All queries and complaints are recorded, and the most urgent ones are treated as highest priority.

If you require further information about Bluemoon or have any suggestions concerning how to improve our Services or Platforms, please contact us at info@tothebluemoon.com.

This version was last updated on 8 March 2023