Terms & Conditions

All users of www.boatsandyachtswarranty.com will be deemed to have accepted the Terms of Business within this page all of which are incorporated by reference (the "Terms" or the "Terms of Business").

We reserve the right to amend our Terms of Business at any time, and our Terms of Business in no way affect your consumer statutory rights.

Getting a Boats & Yachts Warranty Quote

When requesting a quote from our Warranty Instant Quote page we require your details, your Craft details and your Email Address. Your Craft details are required so we can provide an accurate quote for your Craft. Your email address is required so we can provide login details for you to return if you wish to purchase a warranty. We will not pass information collected on our Warranty Instant Quote pages to others.

Warranty Definitions

We/ Us/Our

means Boats & Yachts Limited t/a Boats & Yachts Warranty, Firefly Road, Hamble Point Marina, Southampton, SO31 4NB www.boatsandyachtswarranty.com

Breakdown

means the sudden and unforeseen failure of a covered Component arising from any permanent mechanical, electrical or electronic defect, causing sudden stoppage of its function, necessitating immediate repair or replacement before its normal operation can be resumed.

Component

means any mechanical, electrical and electronic part, which forms part of the Craft's original specification, under the relevant Level of Cover.

Geographical Limits

means the area in which this Warranty is effective and is shown on Your Warranty Schedule.

Betterment

means If We pay to have Components of Your Craft replaced, resulting in them being in a better condition than they were before the Breakdown, You may be required to pay a contribution towards the costs.

You/Your/Yourself

means the person named on the Warranty Schedule.

Level of Cover

means the description of parts section in the Warranty and as stated on Your Warranty Schedule.

Period

means the dates shown on the Warranty Schedule showing the start and end dates of the coverage

Craft

means only the boat, yacht, ship, vessel (or any other description of water craft) as identified on the Warranty Schedule.

Excess

means the amount you need to pay in the event of a claim.

Application

means any signed Application and declaration or electronically acknowledged Application Form together with any additional information You may have supplied to Us in support of Your Application for Warranty cover

Repair Cost

means the cost of both repair materials and labour (including VAT/TAX where appropriate) necessitated in rectifying the Breakdown, in line with published Repair times.

Service Provider

means any VAT/TAX registered full-time business providing a qualified Repair/Maintenance service.

Repairer

means any VAT/TAX registered full-time business providing a qualified Repair service.

Repair Number

means a number issued by Us to You or to Your Service Provider as proof that a Repair has been registered.

Replacement Cost

means the cost of replacement Components of similar make and quality as the Component that had suffered Breakdown, including the labour cost of fitting the new Component, in line with part manufacturer list prices.

Servicing Handbook

means the handbook which was issued with the Craft when new by the manufacturer and which details the servicing and maintenance requirements for the Craft's Components.

Single Repair Limit

is the maximum amount that can be claimed per Breakdown during the Warranty Period

Aggregate Repair Limit

is the maximum amount that can be claimed in total during the warranty Period

Wear and Tear

means the gradual deterioration associated with normal use and age of the Craft and its Components.

Worn Out

describes Components which have reached the end of their normal effective working lives because of age and/or usage.

Purchasing a Warranty Plan

Before purchasing any of our Warranty Plans you must ensure that:

• The Craft has less than 10,001 engine(s) hours and are less than 20 years old or less than 15 years old if no hours are recorded.
• To the best of your knowledge, the Craft you are purchasing the Warranty for is free from any fault.
• The Craft you are purchasing the Warranty for has/will be serviced in accordance with the manufacturer's recommendations or within 28 days or 5 hours of the Warranty start date.
• The Craft will be located with the Geographical Limits.

Your Warranty Documents

When you receive your documents you will be asked to confirm that the details we have obtained are correct and that you are happy with the Warranty Plan you have chosen. Non disclosure of changes or incorrect details can lead to your Warranty being refused or cancelled so it is important that you read through your Warranty Plan carefully.

• If we need to request any further information from you, we will always give a valid explanation as to why
• If action needs to be taken in order to complete a Claim or resolve an issue with you, we will inform you of the action which we intend to take
• We will always provide you with a written explanation of any action, which we feel is necessary concerning your Warranty Plan or Claim
• In the event of a dispute we will always write to you with our final decision on your Claim
• We aim to return your phone calls within 48 hours of receiving a message
• Any data we hold about you will be kept in line with the DATA PROTECTION ACT 1998, and will only be used for the purpose of underwriting your Craft Warranty.

Payments

Payment for any of our Warranty Plans can be taken on-line through our website, or by calling +44 (0) 3300 101 101

To process card payments we will refer you to a dedicated commerce provider, who will take payment via a secure server (SSL) connection to ensure the safety of your payment on-line. payment can be made using most major credit & debit cards.

To ensure further security when paying for your warranty plan you will be prompted to enter the CVC2 security code from your Card. This is the last three digits on the signature strip on the back of your Card.

While every effort is made to ensure the safety of your credit card transaction, Boats & Yachts Warranty cannot accept liability for any loss or damage incurred as a result of using the secure payment facility.

Refund Policy

Should you decide the Warranty Plan is not right for you, you may cancel it within 14 days of purchase. Providing no Claim has been made you will receive a full refund. This Warranty Plan has no surrender value and in all other circumstances cancellation is without refund.

Privacy Policy

All details supplied to Boats & Yachts Warranty will be safeguarded both by our privacy policy and also by the 1998 Data Protection Act. Please send all correspondence to our administrators:

Boats & Yachts Ltd, Firefly Road, Hamble Point Marina, Southampton, SO31 4BN

Telephone: +44(0) 3300 101 101

All personal information collected and used from Boats & Yachts Warranty will be processed in accordance with the 1998 Data Protection Act. Any details that you provide us with will be kept securely and will not be passed onto any third parties without permission.

Unfortunately we are unable to give advice to anyone on Warranty Plans not supplied by us. You will need to contact those companies directly. Boats & Yachts Warranty cannot be held responsible for any failure to meet our contracted obligations, and if such a failure does occur that is caused by external factors such as legislation, weather, government acts, riots, civil commotion, we will not be held responsible.

If you have any questions, amendments to make to your Warranty Plan, or complaints about our services, please contact us so that we can help you to resolve your issues.

Contact Boats & Yachts Warranty.

Security

In accordance with the requirements of the 1998 Data Protection Act we have taken measures to ensure that information supplied to us is held securely. As a consequence we may occasionally request proof of identity before allowing access to your personal information.

Access

You have the right to access, request and amend all personal information supplied to Boats & Yachts Warranty.

How and when your order will be confirmed

As soon as you have purchased a Warranty Plan from us, we will send you email confirmation to acknowledge your custom.

How you can change or amend your Warranty Plan

If at any time your circumstances change, you should call our customer services on +44 (0) 3300 101 101 or login to your account on our website.

Liability

Boats & Yachts Warranty will carry out routine maintenance and service of 'its' servers and equipment. While Boats & Yachts Warranty seeks to keep disruption to a minimum, it does not guarantee that the website will be continuously available on-line.

Boats & Yachts Warranty's liability for breach of contract or negligence shall not exceed an amount equal to the price of the Warranty Plan provided that nothing in this clause shall limit Boats & Yachts Warranty's liability for death or personal injury caused by our negligence or that of our service or agents.

English law shall govern the Terms and Conditions of this contract of which they form a part.

Agreement between the user and Boats & Yachts Warranty

This proposal system and Website is offered by Boats & Yachts Warranty acting for itself and its associated companies, as a service to you, the 'User' on the following terms and conditions and any and all other notices, rules, guidelines and conditions stated elsewhere in the Web site, all of which are incorporated by reference (the "Terms" or the "Terms of Business).

In consideration of your use of the Web site, you agree that your use of this Web site and/or your acceptance without modification of the Terms constitutes your agreement to all such Terms. Unless explicitly stated, each new product or service we may add from time to time to the Service shall be subject to the Terms.

If you do not agree with the Terms then you are not authorised to use this Website.

Use Limitation

You may only use this Website for the purposes of purchasing our Craft Warranty products in accordance with the Terms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell or otherwise use for any commercial purpose any information, products or services obtained from this Website, including, but not limited to information obtained from any credit reference agency or fraud prevention agency

Boats & Yachts Warranty shall be entitled to make changes to the Website at any time without notice - this may include removal of processing or search facilities.

Boats & Yachts Warranty also reserves the right at any time and from time to time to suspend, modify or discontinue either temporarily or permanently any part or the whole of the Website and/or any products or services offered through it.

Copyright and Trademark Notices

No part of the Website may be reproduced in any form whether electronically or otherwise without the prior consent from Boats & Yachts Warranty, other than temporarily in the course of using the Website or to keep a record of a transaction entered into using the Website or the Terms.

Legal Identity

Boats & Yachts Warranty is a trading name of Boats & Yachts Limited.

Boats & Yachts Ltd, 26 Portland Road, Kilmarnock, Ayrshire Scotland KA1 2EB

Company No. SC400751

Data Protection

By accepting the Terms you are consenting to the collection, use and disclosure of data, including data regarding not only the applicant but also people with whom the applicant is financially associated, on the following terms.

If you are buying a Boats & Yachts Warranty Plan on behalf of another person you warrant that you have obtained their clear and informed consent to the matters described below. If you are buying a Boats & Yachts Warranty Plan on your own behalf you give your consent to the matters described below.

It is important that the information given to us is accurate. You warrant the accuracy of all information provided as part of or in connection with a Warranty Plan submitted using this Website.

Boats & Yachts Warranty may hold and process, by computer or otherwise, any information about you or any person on whose behalf you are submitting a Warranty Plan obtained as a consequence of your use of this Website and/or any resulting or ancillary agreement of your or their conduct of any agreement between you or them and Boats & Yachts Warranty ('Personal Data') for the purposes of:

• Crime prevention, tracing debtors and recovering monies owed
• Statistical analysis
• Processing Warranty Plans bought online
• Boats & Yachts Warranty funding or securitisation arrangements
• Customer satisfaction surveys or offers of both current and future products or services whether by Boats & Yachts Warranty or any third party
• Insurance claims or placing of insurance
• Operating the Website and maintaining records in relation to the Website; analysing the use of the Website and visiting patterns; matching user information with third party data in order to produce aggregated statistics and/or personalising the Website

And we shall be entitled to disclose Personal Data to the following persons or organisations:

• To credit reference or fraud prevention agencies
• To any person who may assume Boats & Yachts Warranty rights or intends to do so, to legal advisers and tracing or collection agents or sub contractors or governmental or local authorities
• To law enforcement agencies or anyone else to whom we are legally obliged to disclose the relevant Personal Data
• To anyone acting on your or their behalf or reasonably believed to be so acting
• To any guarantor of your or their obligations
• To any insurer of your or their obligations or of any goods or services provided
• To the persons detailed below
• To any sponsors, business partners, advertisers or other third parties offering or advertising services or products on the Website from time to time
• To any other person Boats & Yachts Warranty may reasonably decide from time to time

We shall also be entitled to use and publish site analysis statistics and aggregated user data as we deem appropriate provided that you or they as an individual cannot be identified from such statistics and aggregated data.

Where we have referred to future contact with you or them, for example, to offer further products or services to you or them, you or they may be contacted by e-mail, personal visit, telephone, letter, fax or other reasonable means of communication.

Links to third party sites

This Website may contain hyperlinks to websites operated by parties other than Boats & Yachts Warranty. Such hyperlinks are provided for your reference only. Boats & Yachts Warranty does not control such websites and is not responsible for their contents. By including hyperlinks, Boats & Yachts Warranty does not imply any endorsement of the material on such websites or any association with their operators.

Modification of these terms and conditions

Boats & Yachts Warranty reserves the right to change the Terms under which this Website is offered and you should check the current version of the Terms prior to undertaking any transaction. This right shall not affect the existing Terms accepted by you upon undertaking a legitimate transaction using this Website.

General

This agreement is governed by the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or similar relationship exists between you and Boats & Yachts Warranty as a result of this agreement or use of this website. Boats & Yachts Warranty performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Boats & Yachts Warranty right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Boats & Yachts Warranty with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

The agreement constituted by your acceptance of the Terms constitutes the entire agreement between the user and Boats & Yachts Warranty with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Private and Commercial Finance and with respect to this Website.

A printed version of such agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of this Website.