Terms of Service

01Acceptance of these terms

These Terms of Service (the “Terms”) govern your use of the website at bluepekgroup.com (the “Site”) and any planning, coordination or editorial services offered under the BLUEPEK brand (the “Services”). BLUEPEK is a trade name and brand of BLUEPEK GROUP LLC, a Missouri limited liability company (“BLUEPEK”, “we”, “us”).

By accessing the Site, joining the waitlist or purchasing Services, you agree to these Terms and to our Privacy Policy and Refund & Cancellation Policy. If you do not agree, please do not use the Site or the Services.

02Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services or join the waitlist. If you act on behalf of a company or group, you confirm that you are authorized to bind it.

03Description of the Services

BLUEPEK is a lifestyle and travel company. We provide:

• Planning and coordination services for yacht experiences, holidays and private events, including consultations, itinerary design and concierge coordination.
• The BLUEPEK Journal, our review portal at yachtbrokerreviews.com, publishing yacht, charter and marina reviews, routes and guides.

The Services are service-based. We do not sell physical goods. Descriptions of Services on the Site, including indicative pricing, are informational and are confirmed in a written proposal or agreement before any payment is due.

04Our role as planner and coordinator

BLUEPEK plans, advises and coordinates. We do not own, charter, crew or operate vessels, and we do not provide accommodation, flights, ground transport, venues or other travel services ourselves. Those services are provided by independent third-party operators and suppliers (“Suppliers”) who hold their own licenses and permits where required.

When you accept a Supplier’s quote, you enter into a contract directly with that Supplier. The Supplier’s terms, including its cancellation, safety and liability terms, apply to that contract and are presented to you before you confirm. BLUEPEK is not a party to that contract and is not responsible for the Supplier’s performance, although we will help you communicate with the Supplier.

05Quotes, fees and payments

BLUEPEK service fees

Our fees are for planning and coordination work only and are stated in US dollars. Current published fees: Discovery Consultation is complimentary; Journey Design starts from $450 USD as a flat planning fee; Bespoke Concierge is quoted individually and set out in a written agreement. The fee you approve in writing is the fee you pay. We do not add hidden fees.

Supplier costs

Costs charged by Suppliers (for example yacht charter, accommodation, flights and venues) are quoted separately, are not included in BLUEPEK’s fees, and are paid to the Supplier according to the Supplier’s terms.

Payment processing

BLUEPEK fees are paid through third-party payment processors such as Stripe. Payment details are entered on the processor’s secure pages. BLUEPEK does not receive or store your full card number. Your use of a processor is subject to that processor’s own terms and privacy policy.

Taxes

Fees are exclusive of any applicable sales or similar taxes, which, if due, will be shown before you pay.

06Cancellations and refunds

Cancellations and refunds of BLUEPEK service fees are governed by our Refund & Cancellation Policy, which forms part of these Terms. Cancellations of Supplier bookings are governed by the Supplier’s terms, which we disclose to you before you book.

07Travel risks and your responsibilities

Yachting, boating, water activities and travel involve inherent risks, including weather, sea conditions, equipment failure, injury and delay. By choosing to travel or take part in an activity arranged with a Supplier, you accept those inherent risks to the fullest extent permitted by law.

You are responsible for:

• holding valid passports, visas, permits and any other travel documents required for your trip;
• following the safety instructions and rules of Suppliers, captains and crew;
• confirming that your health and abilities suit the planned activities, and informing us and the Supplier of relevant requirements in good time;
• obtaining travel, medical and cancellation insurance appropriate to your trip. We strongly recommend it.

Nothing on the Site is medical, legal or safety advice.

08User conduct

You agree not to: use the Site unlawfully; attempt to gain unauthorized access to the Site or its systems; interfere with its operation (including automated scraping or bulk submissions to the waitlist form); submit false or misleading information; infringe others’ rights; or use the Services to plan any unlawful activity. We may suspend or end access if these Terms are breached.

09Intellectual property

The BLUEPEK name, logo, Site design, text, graphics and Journal content are owned by BLUEPEK GROUP LLC or its licensors and are protected by intellectual property laws. Some photographs on the Site are used under the Unsplash License. You may view and share links to the Site for personal, non-commercial use. You may not copy, modify, distribute or create derivative works from our content without our written permission.

If you send us feedback or ideas, you grant us a non-exclusive, royalty-free right to use them to improve the Services, without obligation to you.

10Journal content

BLUEPEK GROUP LLC operates both bluepekgroup.com and the BLUEPEK Journal, our review portal at yachtbrokerreviews.com. The Journal has its own terms and privacy notice for its features (accounts, reviews, quote-request matching and paid business plans). BLUEPEK’s own Privacy Policy covers bluepekgroup.com and its waitlist. Waitlist data is not shared with businesses or advertisers featured on the Journal. These Terms apply to bluepekgroup.com. The Journal’s own terms apply when you use its features.

The BLUEPEK Journal contains editorial opinion and general information. It is provided for general interest, may not be complete or current, and is not professional advice. Conditions, availability and prices change, so please verify details with the relevant Supplier before relying on them.

The Journal is published by BLUEPEK GROUP LLC, which also offers paid planning and coordination services, and we state that relationship openly. Where an article involves a sponsored stay, gift, discount, affiliate relationship or other conflict of interest, we disclose it, consistent with the FTC Endorsement Guides (16 CFR Part 255).

11Third-party sites and Suppliers

The Site may link to third-party websites. We do not control and are not responsible for their content, policies or practices. Visiting them is at your own risk and subject to their terms.

12Disclaimers

The Site and the Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, that any Supplier will perform, or that any weather, availability or itinerary detail will not change.

13Limitation of liability

To the fullest extent permitted by law, BLUEPEK GROUP LLC and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data, use or goodwill, arising out of or relating to the Site or the Services, or for the acts or omissions of Suppliers.

Our total liability for any claim relating to the Services will not exceed the planning fees you paid to BLUEPEK for the Service giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

14Indemnification

You agree to defend and indemnify BLUEPEK GROUP LLC and its members, managers, employees and agents against claims, damages and reasonable expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your violation of law or third-party rights, or your misuse of the Site.

15Export control and sanctions compliance

We comply with US export control laws and the economic sanctions administered by the Office of Foreign Assets Control (OFAC). The Services are not offered to, and may not be used by, any person or entity on a US sanctions list, or by anyone located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive US sanctions. We do not plan or coordinate travel to sanctioned destinations. You represent that you are not such a person and will not use the Services in violation of these laws.

16Governing law and venue

These Terms are governed by the laws of the State of Missouri, USA, without regard to conflict-of-law principles. You and BLUEPEK agree that any dispute arising from these Terms or the Services will be brought exclusively in the state or federal courts located in Missouri, and you consent to their jurisdiction and venue. Before filing a claim, please contact us so we can try to resolve the matter informally.

17Changes to these terms

We may update these Terms from time to time. The “Last updated” date above shows the latest version. Changes apply from the date posted and do not alter the terms of Services you have already purchased. Continued use of the Site after a change means you accept the updated Terms.

18Contact

Questions about these Terms? Contact BLUEPEK GROUP LLC at [email protected].