Terms of Service

Last Updated: October 19, 2025

Welcome to SAWATS Boats. These Terms of Service ("Terms") constitute a legally binding agreement between you and SAWATS Boats ("we," "our," or "us") governing your access to and use of our website, services, products, and facilities. By accessing our website, purchasing vessels, booking charters or rentals, or using any of our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, Cookie Policy, and Return Policy. These Terms apply to all users of our services, including browsers, customers, charter clients, and vessel purchasers.

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Material changes will be communicated through our website or via email. Your continued use of our services following the posting of changes constitutes acceptance of those changes.

2. Eligibility and User Responsibilities

2.1 Age Requirements

You must be at least 18 years of age to use our services, make purchases, or enter into charter agreements. For certain services requiring specialized licensing (such as bareboat charters), additional age and qualification requirements apply.

2.2 Accurate Information

You agree to provide accurate, current, and complete information when registering for services, making purchases, or booking charters. You are responsible for maintaining the accuracy of your information and updating it as necessary.

2.3 Account Security

If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or security breach.

3. Yacht and Boat Sales

3.1 Vessel Information

We make reasonable efforts to provide accurate descriptions, specifications, and photographs of vessels listed for sale. However, we cannot guarantee absolute accuracy, and minor discrepancies may occur. All vessels are subject to prior sale. We recommend thorough inspections and professional marine surveys before purchase.

3.2 Purchase Process

The purchase process involves:

3.3 Title and Ownership

Title and ownership transfer only upon full payment and completion of all required documentation. We warrant that vessels sold by us are free from encumbrances and liens, except as disclosed. You are responsible for registration, licensing, and insurance following purchase.

3.4 Warranties

New vessels come with manufacturer warranties as specified. Pre-owned vessels are typically sold "as-is" based on survey findings unless otherwise stated in the purchase agreement. We make no warranties regarding fitness for particular purposes beyond what is explicitly stated in writing.

4. Charter and Rental Services

4.1 Booking and Confirmation

Charter bookings are confirmed upon receipt of required deposit and signed charter agreement. Availability is subject to change, and we reserve the right to decline bookings at our discretion. Full payment is due according to the payment schedule specified in your charter agreement.

4.2 Qualification Requirements

For bareboat charters (charters without crew), you must provide proof of appropriate boating licenses, certifications, and experience. We reserve the right to verify qualifications and deny charters if requirements are not met. Crewed charters do not require specific qualifications from charterers.

4.3 Use of Vessels

When chartering or renting a vessel, you agree to:

4.4 Prohibited Activities

The following activities are strictly prohibited during charters:

4.5 Weather and Safety

Our captain or designated authority has final decision-making power regarding vessel operation, route selection, and safety matters. We may cancel, postpone, or modify charters due to adverse weather conditions, mechanical issues, or safety concerns. In such cases, our Return Policy provisions apply.

4.6 Security Deposits and Damage

A refundable security deposit is required for all charters. You are responsible for any damage to the vessel, its equipment, or third-party property caused during your charter period. Damage costs exceeding the security deposit will be billed to you. Insurance options are available to limit liability.

5. Payment Terms

5.1 Accepted Payment Methods

We accept the following payment methods: bank transfers, credit cards (Visa, Mastercard, American Express), debit cards, and certified checks. Payment processing is subject to verification and approval. International transactions may incur additional fees.

5.2 Pricing

All prices are quoted in South African Rand (ZAR) unless otherwise specified. Prices are subject to change without notice until a formal contract or agreement is executed. Quoted prices for vessel sales do not include registration fees, taxes, insurance, or delivery costs unless explicitly stated.

5.3 Taxes and Fees

You are responsible for all applicable taxes, duties, registration fees, and government charges related to your purchase or charter. Sales tax, VAT (where applicable), and harbor fees will be added to invoices as required by law.

5.4 Late Payments

Late payments may result in cancellation of services, forfeiture of deposits, or legal action to recover amounts owed. Interest may be charged on overdue accounts at the rate of 2% per month or the maximum rate permitted by law, whichever is lower.

6. Limitation of Liability

6.1 General Limitations

To the maximum extent permitted by law, SAWATS Boats shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or use, arising from your use of our services or inability to use our services, even if we have been advised of the possibility of such damages.

6.2 Maximum Liability

Our total liability to you for any claims arising from your use of our services shall not exceed the amount you paid us in the twelve months preceding the claim, or R10,000, whichever is greater.

6.3 Charter and Rental Liability

You acknowledge that maritime activities involve inherent risks. We are not liable for injuries, accidents, property damage, or loss of life resulting from your use of chartered or rented vessels, except where such damages result from our gross negligence or willful misconduct. You are strongly encouraged to obtain appropriate insurance coverage.

7. Indemnification

You agree to indemnify, defend, and hold harmless SAWATS Boats, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

8. Insurance Requirements

For vessel purchases, you are required to obtain and maintain appropriate marine insurance covering the vessel's full value. For charters and rentals, insurance options are available and recommended. You may be required to provide proof of insurance before taking delivery or possession of vessels.

9. Intellectual Property Rights

9.1 Our Content

All content on our website, including text, graphics, logos, images, videos, software, and design elements, is the property of SAWATS Boats or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

9.2 Permitted Use

You may view and print content from our website for personal, non-commercial use only. Any other use requires our express written permission.

9.3 Trademarks

SAWATS Boats and related logos are trademarks of our company. You may not use these trademarks without our prior written authorization.

10. User Conduct and Prohibited Uses

You agree not to:

11. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party websites or services. You acknowledge and agree that we shall not be liable for any damages or losses caused by your use of third-party websites or services.

12. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to our data practices as described in the Privacy Policy. Please review our Privacy Policy carefully.

13. Termination

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, or failures of telecommunications or internet services.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Cape Town, South Africa.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve any disputes informally by contacting us and providing a detailed description of the dispute and your proposed resolution.

16.2 Arbitration

If informal resolution is unsuccessful, disputes may be resolved through binding arbitration in accordance with the arbitration rules of the Arbitration Foundation of Southern Africa (AFSA), conducted in Cape Town, South Africa. The arbitrator's decision shall be final and binding.

16.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class-action lawsuits or class-wide arbitration.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

18. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Return Policy, constitute the entire agreement between you and SAWATS Boats regarding your use of our services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

19. No Waiver

Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of SAWATS Boats.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction. These Terms bind and benefit the parties and their respective successors and permitted assigns.

21. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us:

SAWATS Boats
V&A Waterfront
Cape Town, South Africa
Phone: +27 21 555 0198
Email: [email protected]
Office Hours: Monday-Saturday 8:00 AM - 6:00 PM, Sunday 9:00 AM - 4:00 PM


Acknowledgment: By using our website and services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by their provisions. If you do not agree with these Terms, please discontinue use of our services immediately.