Terms and Conditions

Effective as of the date of use, the following Terms and Conditions ("Terms") govern the use of the marina facilities and services provided by SOUTH WEST HARBOUR, INC. ("SWH" or "we" or "us").

1. Definitions

In these Terms, the following definitions apply:

"Marina" means the marina facilities and services provided by SWH, including but not limited to docking, storage, and maintenance of vessels.
"Vessel" means any boat, yacht, or other watercraft that is docked, stored, or maintained at the Marina.
"User" means any person or entity that uses the Marina, including but not limited to vessel owners, operators, and passengers.

2.1 The Marina is provided for the use of vessels and their owners, operators, and passengers. 2.2 Users must comply with all applicable laws, regulations, and rules when using the Marina. 2.3 SWH reserves the right to refuse access to the Marina to any User who fails to comply with these Terms or any applicable laws, regulations, or rules.

3. Vessel Requirements

3.1 All vessels docked or stored at the Marina must be in good working condition and meet all applicable safety and regulatory requirements. 3.2 Vessels must be properly insured and Users must provide proof of insurance upon request. 3.3 SWH reserves the right to inspect any vessel at the Marina and to require repairs or maintenance to ensure the vessel's safety and compliance with regulatory requirements.

4. Payment Terms

4.1 Users must pay all fees and charges associated with the use of the Marina, including but not limited to docking, storage, and maintenance fees. 4.2 Fees and charges are due and payable upon presentation of an invoice or statement. 4.3 SWH reserves the right to change fees and charges at any time, with or without notice.

5. Liability and Indemnity

5.1 SWH is not liable for any damage or loss to any vessel or property, or for any injury or death to any person, arising from the use of the Marina, except to the extent caused by SWH's gross negligence or willful misconduct. 5.2 Users must indemnify and hold harmless SWH, its officers, directors, employees, and agents, from and against any claims, demands, or liabilities arising from the use of the Marina.

6. Termination

6.1 SWH may terminate these Terms and the User's access to the Marina at any time, with or without notice, if the User fails to comply with these Terms or any applicable laws, regulations, or rules. 6.2 Upon termination, the User must remove their vessel from the Marina and pay all outstanding fees and charges.

7. Governing Law

7.1 These Terms are governed by and construed in accordance with the laws of Anguilla. 7.2 Any disputes arising from these Terms or the use of the Marina must be resolved through binding arbitration in accordance with the rules of the Anguilla Arbitration Association.

8. Changes to Terms

8.1 SWH may change these Terms at any time, with or without notice. 8.2 Users are responsible for reviewing these Terms regularly to ensure they are aware of any changes.

By using the Marina, Users acknowledge that they have read, understood, and agree to be bound by these Terms.