INSTRUCTIONS AND TERMS FOR ACCOMMODATION ON THE VESSEL
These
Instructions and terms for accommodation on the Vessel, together with Booking Contract
(if applicable), Invoice and Boarding Pass will be referred to as Contract,
Charter Company will be known as CC, the chartering party will be known as
Charterer and the yacht as the Vessel. This Contract is valid under the
following conditions:
1)
The Charterer will hire a Vessel equipped in accordance to the laws and rules
of berth location of the vessel and CC yacht charter standards. If applicable
in specific destination, the equipment list is an integral part of this
Contract and it will be signed by the involved parties on the occasion of
taking over and returning of the yacht (check list).
2)
The Charterer will pay the agreed charter price and extras.
3)
The Vessel can be exclusively used for personal purposes, such as cruising and
similar and therefore must not be used for CC other commercial or similar
purposes.
4)
FULL COVER INSURANCE / SECURITY DEPOSIT / INSURANCE
If
applicable in country of Vessel’s berth location, full cover insurance may be
applied. In order to make check-in/out faster and to avoid security deposits
the Vessel is fully insured against third party damage, loss or damage of
inventory and equipment, loss or damage caused by maritime accidents, natural
disasters, lightning strike, foundering, capsizing, grounding, fire, explosion,
burglary, theft, collision with CC solid or floating object, malicious act of
third party and earthquakes. Full insurance does not cover willful misuse,
gross negligence, cost of repair of clogged toilette or refueling the tank.
Unless
Full cover insurance is applied, the Charterer lays under commitment to provide
a security deposit at the time of embarkation on the Vessel by
pre-authorization of credit card (or in cash, if applicable for specific
destination). The deposit shall be terminated in its entirety upon the return
of the vessel, unless an existence of a damage or a defect on the vessel or the
equipment is found during the handover of the vessel, and unless there are no
claims by CC, filed or announced claims by the third persons, that are
connected to the usage of the vessel. In case of loss of or damage on the
equipment, particular parts of the vessel or the vessel itself, or existence of
other reasons as stated in this Contract, CC shall retain/charge the amount (a
part or the whole deposit), which corresponds to the indemnification or value
of repair, acquisition and/or purchasing the equipment or particular part of
the vessel. In case the caused damage has the consequence that the vessel
cannot be furtherly chartered, CC has the right to retain the amount
corresponding to the loss of profit. Security deposit can be made solely by
pre-authorization of credit card or in cash. The actual amount of security
deposit for the type of vessel chartered is stated in the Price List.
The
Vessel is insured against third party damage, fire, lightning, explosion, theft
or robbery or damage caused by natural disasters, marine and collision risks,
and against CC loss or damage except equipment expressed in this Contract.
Unless the damage was caused wittingly (willful misuse) or with gross negligence,
the financial liability of the Charterer for loss or damage caused by him or a
crewmember is limited with the security deposit. The Vessel is insured with the
minimal deductible that should correspond to the security deposit amount.
Regardless of insurance, the Charterer is also obliged to pay indemnity for all
caused damages up to the height of the security deposit. Damages covered by
insurance which are not immediately reported to CC and/or insurance company,
will not be acknowledged as per the insurance policy. In this case the
Charterer is personally responsible for total damages as a result of not
reporting or late reporting of damages. Damage to the underwater part of the
Vessel must be followed by Vessel inspection executed out of the water, at the
expense of the Charterer, if he is to be held responsible for this damage.
5) CANCELLATION
If the Charterer who has made a reservation, makes a cancellation more than 120 days prior to embarkation – cancellation fee of 500 EUR applies. If cancellation occurs 119 to 60 days before embarkation, NY has the right for the retention of 50% of the charter fee. If cancellation occurs 59 days or less before embarkation, CC has the right for the retention of 100% of the charter fee. If the cancellation is due to objective reasons (death in family, heavy injury etc.), paid price will not be paid back but CC will give the Vessel at the Charterer's disposal in another free period of time or within the next sailing season, but in this case CC has the right to charge Charterer with administration and other objective costs. In any other case, CC is not obliged to return the Charterer amount paid in accordance to this Contract.
6)
FAILURE TO DELIVER
CC
is obliged to make available the contracted, similar or better Vessel, at
agreed time and place, and to deliver it to the Charterer. If CC is late in
performing this obligation, CC will lay under commitment to pay back an
appropriate proportional amount of the charter price for every 24 hours being
overdue, and additionally, if reason for CC being overdue can be imputed to CC
responsibility, CC should also pay 5% indemnity of weekly charter price for
every day being overdue, but not more than 15% of the total charter price. By
delivering the Vessel within 4 hours of overdue, CC is not considered to be
overdue.
If
CC cannot supply the Vessel or an appropriate replacement (meaning a type
similar in dimensions, gear and equipment) and the delay exceeds ¼ of the total
charter time or a maximum of three (3) days, the Charterer has the right to
withdraw from the Contract. In this case payments already made will be refunded
to him. No further claims may be raised.
If
it is an established fact before the start of the charter that neither Vessel
nor replacement will be available on the agreed date, CC shall be obliged to
inform the Charterer as soon as the former knows the facts. In this case both
parties may withdraw from the Contract before the assumed start of the charter.
Payments made by the Charterer will be refunded as above. No further claims may
be raised.
If
check-in time is delayed by CC for reasons he is responsible for, the Charterer
will get a pro rata refund from CC,
-
provided either the check-in procedure had originally been agreed to take place
in the second part of the day including an overnight stay on the Vessel
-
or if a replacement and/or actual check-in has not occurred until noon the next
day the latest
-
or if the check-in of the Vessel had originally been agreed to take place
during the first part of the day but in reality was delayed for more than 12
hours
In
case of cancellation of this Contract by CC, he will be due to pay back the
total amount paid by the Charterer, and if the Contract has been cancelled
three or less days before taking over the Vessel, CC will lay under commitment
to pay the Charterer the fine in the amount of 10% of the one week charter
price.
However,
regardless of possible reasons and height of possible damage, the
responsibility of CC towards the Charterer is limited to the amount of the paid
charter price.
If,
because of some reasons that may be considered as the responsibility of CC, it
comes to a breakdown or an engine trouble on the Vessel that would detain or
considerably hinder the Vessel’s use, the Charterer may cancel this Contract.
In that case, CC is obliged to take over the Vessel in the nearest safe port,
reimburse the Charterer an appropriate part of the charter price enlarged by
10%, and bear the transportation expenses of the Charterer and his crew to the
port of planned disembarkation.
In
case that there is a technical issue during the charter period that detains the
Charterer in using the Vessel, CC will solve it within 24 hours from the moment
when the complaint was made. Solving the complaint within this period releases CC
from CC and all claims arising from the fact that the technical issue happened
(i.e. the Charterer is entitled to have a refund of an appropriate proportional
amount of the charter price only for the time exceeding 24 hour period from the
moment of complaint).
7)
SAILING TERMS & USE OF THE VESSEL
Use
of Vessel out of coastal waters, participation on regatta etc. is allowed only
upon relative permit in writing was granted by CC to the Charterer.
The
Charterer is obliged to provide name, surname, date of birth, place of birth
and passport number of all crew members on time, as advised by CC.
As
weather conditions dictate, the Charterer is obliged to promptly reduce canvas
and not allow the Vessel to sail under an amount of canvas greater than one
ensuring comfortable sailing without excessive strain or stress on rigging and
sails; not to sail the Vessel in any area insufficiently covered by the charts
at his/her disposal or without having previously thoroughly studied the charts
of the area and other relevant printed material provided on board; not to sail
the Vessel at night without all navigation lights functioning or without
adequate watch on deck. The Charterer shall perform the control of the oil in
the engine on a daily basis.
Charterer
shall not leave port or anchorage if the wind force is or is predisposed to be
over seven (7) on the Beaufort Scale (30 knots) or if the harbor authorities
have prohibited sailing or while the Vessel has unrepaired damage to any of her
vital parts such as engine, sails, rigging, bilge pump, anchoring gear,
navigation lights, compass, safety equipment etc. or if any of the above parts
are not in good working condition; neither shall the Charterer leave port or
anchorage without sufficient reserves of fuel or in general, when weather
conditions or the state of the Vessel or her crew are doubtful.
The
Charterer undertakes to be in possession of valid navigation licenses (and, if
applicable in the country of berth location of the Vessel, a VHF certificate)
or he is obliged to leave the navigation of the Vessel to a crewmember that has
the relevant permit or license. The Charterer guarantees CC his own nautical
knowledge and competence in that area, both his own and the qualification of
his crew, as well as his ability to operate the Vessel safely without regard of
weather conditions or any other circumstances, taking over full responsibility
for rational exploitation of the Vessel and her equipment.
If
CC comes to conclusion that the skipper or at least one member of his crew do
not possess appropriate and necessary knowledge and nautical competence, CC may
make a breach of this Contract any time without being obliged to reimburse any
paid amount or, in accordance with the established competence, he may determine
the limits of sailing for the duration of this Contract. CC has been authorized
for making such limitations if weather conditions or some other serious reasons
should force CC to do so. For the reason of establishing the nautical
competence of the Charterer and his crew, CC may organize a shorter common
navigation with the Charterer. If required by the safety reasons, CC is allowed
to require the Charterer and the crew to return the Vessel to the base or
instruct them to moor on a specific location.
If
the skipper or at least one member of his crew do not possess appropriate and
necessary knowledge and nautical competence, the Charterer may use the Vessel
as an "apartment accommodation". Boat documents, which have to be on
board during the entire time of sailing will not be handed over to the
Charterer. In case there is additional marina fees applicable, these should be
paid by the Charterer.
CC
is not responsible for possible injuries, damages and other even more difficult
consequences that may arise on or around the Vessel for the Charterer and
members of his crew, as well as for possible passengers, or for the third party
caused by the Charterer or members of his crew for the duration of this
Contract.
All
current expenses of the Vessel use (fuel, harbor taxes, indemnity, cleaning and
similar) should be paid by the Charterer. This also refers to the obligations
which may arise from the Vessel use, and which may become due after the
expiration of this Contract.
In
case of any other unexpected incident, some greater damage or failure,
navigational offence or accident the Charterer is obliged to report it, both to
authorized government bodies and the CC, in the quickest and the most
appropriate way and to follow their instructions which are in accordance with
operations of a good navigator.
The
Charterer is not authorized neither to rent the Vessel to the third party nor
to leave it uncontrolled at some place not being safe, nor to haul it up. The
highest number of passengers aboard should not be higher than the number as
stated in the Crew List.
The
Charterer is obliged to observe all navigation rules and orders made by
authorized government bodies, pay attention to the Vessel’s, crew’s,
passengers’ safety and maintain the Vessel and her equipment, report CC on
approximate navigation direction (itinerary) and on possible changes referred
to the sailing direction and to return the Vessel to CC in the same condition
in which the Charterer had received her (Vessel has to be properly clean, the
equipment has to be arranged, the fuel tank has to be full etc.).
8)
RE-DELIVERY
The
Charterer is obliged to return the Vessel to the agreed place (base) one day
before the day which is determined as the day of delivering the Vessel, at
latest at the time advised.
The
Charterer and his crew are obliged to leave the Vessel and empty the Vessel
from their belongings, not later than the time provided in Boarding Pass and/or
other documents. If being overdue, the Charterer is obliged to pay daily
charter fee (increased if applicable according to these Instructions and Terms
for accommodation on the Vessel) for every started day of being overdue.
If
the Charterer will not return the Vessel in agreed time and to agreed place, he
will lay under commitment to pay indemnity for every started day of being
overdue in a double amount of the daily charter fee. If he does not report CC
about expectations of becoming overdue prior to end of agreed time of Vessel
return, indemnity will be enlarged by further 30%.
CC
is also not responsible for postponements or changes of Charterer’s plans caused
by bad weather conditions or some other similar reasons. In case that extremely
bad weather conditions will hinder the return of the Vessel in a foreseen term,
CC agrees that instead of the indemnity foreseen, Charterer should pay regular
charter price enlarged by 50% amount of the daily charter fee, for every
started day of being due with return of the Vessel.
Clogged
toilet at the Vessel handover will be charged according to Operator’s price
list. Fueling the Vessel’s fuel tank to the maximum will be charged with the
price of missing fuel enlarged by 100 EUR of penalty.
CC
has right to settle the indemnity for Charterer being overdue or for the
clogged toilet through the bailed security deposit.
9)
MISCELLLANEOUS
Subject
to the limitations set out in these terms and conditions and to the extent
permitted by law, CC shall only be liable for direct damages actually suffered,
paid or incurred by the Charterer, crew or the passengers, due to an
attributable shortcoming of our obligations in respect to our services, up to
an aggregate amount of the aggregate cost of your reservation. Neither CC nor
the owner of the yacht will be liable to any person for any loss, damage,
injury, or death that results from the Charterer’s use of the yacht. CC makes
no representations other than those contained in these terms and conditions and
written materials provided as part of the booking procedures. CC will not be
responsible for any fees, expenses, airline tickets, hotel rooms, food, phone
calls, or other expenses incurred by the Charterer for any reason whatsoever.
The Charterer will indemnify and hold CC and the owner of the yacht harmless
from and against any and all claims for loss or damage to property or injury to
persons (including loss of life) resulting from use, operation, or possession
of the yacht and related equipment or other inventory by the
Charterer or any crew, and from any claims
whatsoever from loss or damage to personal property of the Charterer or any
crew carried on
the yacht or dinghy.
All
amounts stated (i.e. Price List, Booking Contract etc.) include the current
local taxes, fees and charges. In case of CC changes in local tax, fee or other
legislation, CC reserves the right to adjust the prices accordingly. Local
taxes, fees and charges are finally charged based on the conditions at the
departure date despite of any and all advanced payments.
10)
ARBITRATION & LAW
All
disputes between Charterer and CC have to be settled directly between these
two, in English language. If arbitration or court proceedings are required, the
place of jurisdiction is the berth place of the Vessel. For CC disputes between
the Charterer and CC, the law of CC’s country of residence shall apply.
Covid-19 rebooking Terms and Conditions
Rescheduling, postponement and voucher issuing is only possible 14 days or fewer prior to the charter due to everchanging travel restrictions.
1. If you are unable to travel to the destination country due to restrictions that, even with a negative PCR results presented, impose mandatory quarantine, upon arrival, or upon return to your home country, you may:
a) Reschedule to a later date in the departure year
b) Receive a credit voucher valid until the end of departure year
c) Change the reservation to one of our other destinations that have less travel restrictions.
2. If a quarantine can be avoided by presenting a negative result from a PCR test, the cancellation policy as per standard Terms & Conditions applies.
3. If a vaccination certificate, negative PCR test results, or Antigen test results are required at the arrival country, or upon return to the home country - the cancellation policy as per standard Terms & Conditions applies.
4. If one or more crew members test positive for Covid during pre-arrival testing – possibilities offered as described in article 1. In this case, we do not require a 14 day notice.
5. If the reservation is rescheduled from a lower to a higher price period, the charter guest pays the difference.
6. If a charter guest moves the reservation to a different period/boat/destination, the discount that was valid at the time of the initial booking confirmation applies.
7. Refund entitlement, specified in the article 5 of our Terms & Conditions, is no longer valid once the charter is postponed or rescheduled
