Terms and Conditions

This website is operated by or on behalf of No Rainy Days, LLC and is provided to assist potential Charterers with gathering event information, including bareboat charter services, reservation inquiries and transacting Boat Rentals between Charterers and No Rainy Days. Throughout this website, the terms “we”, “us” and “our” refer to No Rainy Days and the terms “you” and “your” refer to the Charterer. This website, including all information, tools and services available to you, the user and/or the Charterer, is conditioned upon your acceptance of all terms, conditions, provisions, policies and notices stated here.

By visiting this website and/ or entering a Bareboat Charter Contract (a “Bareboat Contract”), you engage in Our “Service” and agree to be bound by the terms, conditions, provisions, policies and notices contained herein and including the terms, conditions and provisions contained in the Bareboat Contract (collectively, the “Terms & Conditions”). The Terms & Conditions apply to all users of this website, including without limitation, users who are Charterers, browsers, vendors, customers, merchants and/ or contributors of content.

You must read and understand these Terms & Conditions before accessing or using this website. By accessing or using any part of this website, you agree to be bound by these Terms & Conditions. If you do not agree to all these Terms & Conditions, you may not access or use this website or any services herein. Please note that these Terms & Conditions are for informational purposes only and are NOT an offer and shall NOT be deemed to be an offer and the parties can only be bound by entering a Bareboat Contract.

You can review the most current version of the Terms & Conditions, from time to time, on this page. We reserve the right to update, change or replace any part, term or condition of these Terms & Conditions, without notice to you or your consent, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to this website, following the posting of any changes hereto, constitutes your acceptance of those changes.

SECTION 1 – ONLINE TERMS AND CONDITIONS

By agreeing to these Terms & Conditions, you hereby release, waive all rights against and agree to hold them harmless No Rainy Days (and its members, owners, employees and agents) from and against all claims, actions, errors, mistakes, inconsistencies, damages, liabilities and disputes arising out of these Terms & Conditions. Additionally, You represent that you, as the Charterer, are at least 21 years of age.

You agree that you will not rent or use the Rented Boats for any illegal or unauthorized purpose nor will you, as the Charterer, in the rental or use of the Boat, violate any applicable laws (including but not limited to copyright laws). You Agree that you will not transmit, or permit to be transmitted, any worms or viruses or any code of a destructive nature, in, onto or as part of this website. A breach or violation of any of the Terms & Conditions will result in an immediate termination of your rental or use of the Boat.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand and agree that your provided information/content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if website content is not accurate, complete or current. Website content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information, including the Boat Rental Contract. Any reliance on website content is at your own risk. We reserve the right to modify the contents of this website at any time, without notice to you or your consent, but we have no obligation to update or correct any information on this website. You agree that it is your responsibility to monitor changes to this website.

SECTION 4 – BOAT RENTAL LIMITATION AND RESTRICTIONS

We reserve the right, but are not obligated, to limit Boat Rentals and services to any entity, individual, geographic region or jurisdiction. We may exercise this right on a case-by-case or general basis. We reserve the right to change or discontinue Boat Rentals or services, at any time and for any reason. Any offer for any Boat Rental or services made on this website is void where and as prohibited.

We do not guarantee, warrant or covenant that the quality of any rented Boat or provided services will satisfy your expectations, or that any errors will be corrected.

SECTION 5 – BOAT RENTAL PRICING AND FINALIZATION

Your Boat Rental reservation is not confirmed until you sign, complete and return the Boat Rental Contract, provide the required payment, in full, as set forth in the Boat Rental Contract and we accept and sign the Boat Rental Contract and return to you a fully executed and completed Boat Rental Contract.

Our Boat Rental prices are subject to change without notice to you or your consent. We reserve the right, at any time, without notice to your or your consent to modify our Boat Rental prices and/or to suspend or discontinue services.

No Rainy Days may offer you the option to place a deposit, which allows You the ability to rent a Boat at certain pricing (“Deposit Pricing”), subject to availability and No Rainy Days’s Payment Plan Option (the “Payment Plan Option”) over a specified amount of time. No Rainy Days’s payment plan option allows You to purchase certain Services and pay for the total amount due (the “Balance”) through payment plan options (“Payment Plan Payments”) over a specified amount of time. Further, by selecting the Payment Plan Option you agree to and acknowledge the following:

“I authorize No Rainy Days, it’s representatives and service providers, to initiate electronic charges from the account I designated at the time of purchase to make the Payment Plan Payments due under the Payment Plan option on the dates designated by the Payment Plan Option You Selected. Further, I understand that one missed payment may result in cancellation of the Services to be provided by No Rainy Days, its representatives and service providers. Upon a missed payment the Balance may be due immediately and Services will be subject to cancellation for non-payment by No Rainy Days, it’s representatives or its service providers.”

SECTION 6 – BILLING AND ACCOUNT INFORMATION

We reserve the absolute right to refuse any booking you place with us, for any reason. We may, in our sole discretion, limit or cancel Boat Rental bookings on a per person, per household or per order basis. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. If we change or cancel a Boat Rental booking, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Boat Rental order was made. We reserve the right to limit or prohibit Boat Rental orders that, in our sole judgment, appear to be placed by dealers, brokers, resellers or distributors.

You agree to provide current, complete and accurate personal, financial and account information, on, for and in connection with the Boat Rental Contract. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL WEBSITE TOOLS

We may provide You with access to third-party tools over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools” as is” and “as available,” without any warranties, agreements, representations or conditions of any kind and without any endorsement. You agree that We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. You agree that use by You of optional tools, offered through this website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through this website (including, the release of new tools and resources). You agree that such new features and/or services will also be subject to these Terms & Conditions.

SECTION 8 – WEATHER and CANCELLATION POLICY

All cancellation requests are subject to a non-refundable 3% cancellation fee. All cancellation requests made 14 days or more of your Boat Rental date are eligible for a full refund, less the non-refundable 3% cancellation fee. Cancellations made within 13 days of your charter date are subject to a 50% refund, less non-refundable 3% cancellation fee. Cancellations made within 3 days of your charter date are subject to a 0% refund.

All requests for Boat Rental cancellations and changes must be made by the Charterer, in writing, via email to No Rainy Days at ___________________________ by the Charterer, with a required return receipt, and must include the following information:

Charterer’s full name and copy of Boat Rental Agreement
Organization name (if applicable)
Scheduled date and time of Boat Rental
Identify request for cancellation
Reason for cancellation

All rescheduled Boat Rentals are exempt from the above-mentioned Boat Rental cancellation schedule (meaning that Boat Rentals may not reschedule a Boat Rental for a future date and cancel it 14 days or more out to receive a full refund).

Charterer communications, submitted via telephone, text messaging, social media or through a proxy (someone other than the Charterer), will not be accepted and of no force, validity, enforceability and effect. No Rainy Days is not responsible for late, lost or communications which are not received in the manner set forth in this Section 8. Only refunds and changes approved, in writing, by the Charterer and No Rainy Days will be valid.

Uncharterable Weather Conditions and Rescheduling:

Uncharterable weather conditions are typically the result of (but are not limited to) heavy storms, small craft advisory warnings, gale storms, strong winds, and large waves. Light rain and passing storms are typically considered charterable.

If No Rainy days, in its sole discretion, determines that conditions are uncharterable, it will issue a rescheduling credit to the Charterer, valid up to one (1) year on the same or a comparable Boat. The Charterer agrees to the terms and conditions in this Section 8 and to reschedule any Boat Rental that was deemed uncharterable on their original scheduled Boat Rental date.

Chargebacks: The Charterer agrees and acknowledges that all payments made by the Charterer are non-refundable, except for the cancellation policy in this Section 8. The Charterer acknowledges and agrees that No Rainy Days expended significant time and resources to plan, book, and organize the Boat Rental for the Charterer, and as such, any non-refundable payments made to No Rainy days are to compensate them for such work, regardless of the reason for the cancellation (outside of approved cancellation requests as outlined in this Section 8).

Requested Changes and Captain Fees: As the Charterer, you will be required to request any Boat Rental charge, in writing, and such change must be made prior to the Boat Rental date. If your Captain demands an additional fee for making a change, you will be responsible for making payment directly with the Captain as they are separately employed by you and not employed or contracted with by No Rainy Days.

Captains and crews operating your Boat Rental may, at their sole discretion, refuse service to you for any reason. No refunds will be given to you for the failure of your Captain or crew to show for your Boat Rental or provide services.

Any Boat Rental cancellation fee is subject to an offset of any damages or amounts owed, by you, to No Rainy Days or third parties (i.e., amounts No Rainy Days is not entitled to recover, or which must be paid notwithstanding the cancellation). Refunds will NOT be available if you fail to show up for any aspect of your Boat Rental booking for any reason, including, but not limited to (1) a medical emergency; (2) claims of unused or unsatisfactory transportation; (3) claims of unused or unsatisfactory parking; (4) denied access to the docking harbor and/or docking location of the docking harbor; (5) you failed to provide full and/or accurate personal information to No Rainy Days, such as an acceptable form of ID or passport; (6) untimely requests for cancellation; and/or (7) unsatisfactory third-party Services, Captain or suppliers. Available refunds may take up to 14 days (sometimes longer) after the scheduled event for the refund to be processed by Us and received by You.

SECTION 9 – THIRD-PARTY LINKS

Third-party links on this website may direct you to third-party websites that are not affiliated with or controlled by us. You understand and agree that we are not responsible for maintaining, examining or evaluating the content or accuracy therein and we do not represent or warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

You understand and agree that we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made by or on your behalf or by a third party in connection with any third-party websites that you access from this website. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and No Rainy Days will not respond thereto or be responsible in any way therefor.

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you understand and agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use, in any medium, any comments, and that we shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, in our sole discretion, but have no obligation to, monitor, edit or remove content from our website that we determine is/could be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or related websites. You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information through our website is governed by our Privacy Policy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

There may be, from time to time, information on this website that contains errors, inaccuracies or omissions, that may relate to Boat Rental descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in this website is inaccurate, without prior notice to you or your consent (including after you have submitted your Boat Rental order).

We undertake no obligation to update, amend or clarify information in this website, including without limitation, Boat Rental pricing information, except as required by law. No specified update or refresh date applied in this website should be taken to indicate that all information in this website has been modified or updated.

SECTION 13 – PROHIBITED BOAT RENTAL USES

In addition to other prohibitions as set forth in these Terms & Conditions and the Bareboat Contract, you acknowledge and agree that you will not use this website or the Boat: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, the Boat Rental or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website, the Boat Rental or any related website, other websites or the Internet. We reserve the right to terminate your use of this website and the Boat for violating any of the prohibited uses.

Permission is hereby granted, to the Charterer, to temporarily download copies of materials (information PDFs, pictures, etc.) on our website for personal, non-commercial viewing only. This is the grant of a license and under this license you may not: (a) modify or copy the materials; (b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any images, software, or marketing material on the No Rainy Days website; or (d) transfer the materials to another person/business entity or “mirror” the materials on any other server, website, or third party booking platform.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of this website or the Boat will be accurate, reliable, uninterrupted, timely, secure or error-free. You understand and agree that, from time to time, we may remove the website for indefinite periods of time or cancel our Boat Rental services at any time, without notice to you or your consent.

You acknowledge and agree that (a) your use of this website and/or our Boat Rental services is at your sole risk, (b) the website and Boat Rental process and services are provided (except as expressly stated by Us) “as is” and “as available” for your use, without any agreements, representations, warranties or guarantees of any kind or condition, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You understand and agree that, under no facts, terms, provisions or circumstances, shall No Rainy Days, its members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, be liable for any injury, expense, damages, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability, equity or otherwise, arising from your use of this website and/or the Boat Rental process or services, or for any other injury, expense, damages, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, of any kind, including, related in any way to your use of this website and/or the Boat Rental process and services, including, but not limited to, any errors or omissions in any information or content, or any loss or damage of any kind incurred as a result of the Boat Rental, even if advised of their possibility.

SECTION 15 – INDEMNIFICATION

You, as the Charterer, acknowledge and agree to indemnify, defend and hold harmless No Rainy Days and its members, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against all claims, actions, disputes or demand, including reasonable attorneys’ fees, made by you, or by any third-party, in, on or for you or on your behalf or in your name, due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, including the Bareboat Contract or Your violation of any law or the rights of a third-party.

You understand that, as the Charterer, that you are solely responsible for individuals who jeopardize the safety or wellbeing of themselves or others, in connection with this website and/or the Boat Rental, and that they will be immediately removed from the Boat Rental, at your and their own expense, and will not be eligible for or to any refund. You also understand and agree that No Rainy Days shall not assume any duty, obligation or responsibility for (a) any claims, actions, disputes, losses, damages, costs or expenses arising out of injury, accident, disability or death, damage, loss, stolen or delay inconvenience, loss of enjoyment, upset, disappointment, distress or frustration and/ or (b)any claims, actions, disputes, losses, damage, costs, or expenses arising out of injury, accident, disability, death, damages, loss, stolen baggage or personal property, or loss of enjoyment, upset, disappointment, distress or frustration caused by any individual or entity.

SECTION 16 – RELEASE OF CAPTAIN’S CLAIMS

You acknowledge and agree that No Rainy Days has no duty, obligation or responsibility for the acts and omissions of your hired Captain and crew, including those deemed to be negligent or willful or the Captain’s or crews’ failure to perform or adhere to their own schedules or promises.

You acknowledge and agree that No Rainy Days has no duty, obligation or responsibility for any claims, actions, disputes, losses, damages, costs or expenses made by the Captain, crew, third parties, reps, ambassadors, promoters, travel agents, venues, hotels, or transportation companies, regarding the website and /or the Boat Rental process and service.

You acknowledge and agree that No Rainy Days has no duty, obligation or responsibility for, and You agree No Rainy Days shall not be liable for, any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity, included but not limited to: any wrongful, intentional or negligent acts, omissions of your third party vendors, suppliers and caterers; any defect or failure of any vehicle, craft, equipment, or instrument owned, operated, or otherwise used or provided by your third party vendors, suppliers and caterers; or any wrongful, intentional or negligent acts on the part of any other party not under No Rainy Days’s direct control. You acknowledge and agree that No Rainy Days has no duty, obligation or responsibility for and under no circumstance will No Rainy Days be liable for any consequential, indirect, reliance or punitive damages (including loss of profits or savings) for any cause of action against your third party vendors, suppliers and caterers, whether in contract, equity, tort or otherwise, even if No Rainy Days was or should have been aware of the possibility of these damages. By agreeing to these Terms & Conditions, You hereby release, in full and forever, No Rainy Days from all claims, actions, disputes, losses, damages, costs or expenses arising out of injury, accident, disability or death, damage, loss, stolen or delay inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, enumerated in this Section16.

SECTION 17 – CONFIDENTIALITY

You agree that you will not disclose the written terms and conditions, including the Bareboat Contract, or the pricing contained therein to any third party, except that you may: (a) disclose such information to your legal and financial advisors solely on a need to know basis and only if such legal and financial advisors have acknowledged the confidentiality terms and conditions set forth in this Terms & Conditions and the Bareboat Contract; and (b) disclose such information as required or requested, in writing (and agree to provide a copy of such writing to No Rainy days) by any government entity, including any regulatory authority, having jurisdiction over you. Neither party shall use the name of the other party in publicity or similar activity, without the prior written consent of the other, except that: (1) you agree that No Rainy Days may use your name or organization’s name for customer listings or as part of No Rainy Days’s marketing efforts, subject to your written approval to be given or withheld in your sole discretion and (2) No Rainy Days agrees that you may use No Rainy Days’s name in connection with a press release to be issued by you promptly following your Boat Rental, provided that No Rainy Days pre-approves such press release, such approval not to be unreasonably withheld or delayed.

SECTION 18 – SEVERABILITY

If any term, condition or provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such term, condition and provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable term, condition or provision shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining terms, conditions and provisions herein.

SECTION 19 – TERMINATION

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions, at any time, by notifying us that you no longer wish to rent a Boat, but solely as required herein.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term, condition or or provision of these Terms & Conditions and/or the Bareboat Contract, we may terminate this these Terms & Conditions and the Bareboat Contract, at any time without notice to you or your consent, and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to this website and a Boat for rental.

SECTION 20 – ENTIRE AGREEMENT

Our failure to exercise or enforce any term, condition, right or provision of these Terms & Conditions shall not constitute a waiver of other such term, condition, right or provision or any other violation. These Terms & Conditions and the Bareboat Contract constitutes the entire agreement and understanding between you and us and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

SECTION 21 – GOVERNING LAW

These Terms & Conditions and the Bareboat Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to No Rainy Days at: