GENERAL TERMS & CONDITIONS
- PAYMENT TERMS AND SECURITY DEPOSIT
The Charter Price include VAT, base marina fees and obligatory extras. The Charter Price don’t include the optional extras and additional, mooring fees, fuel, watter, provisioning, security deposit and any other service not mentioned.
A 50% deposit payment is required within 72 hours of receiving a Booking Form to secure your booking. If a deposit payment is not received within the given period, the booking is automatically cancelled and the company reserves the right to allocate the vessel to another client.
The balance of your charter (the remaining 50%) may be paid either by bank transfer four weeks before the date of the embarkation.
The optional/additional extras must be paid upon embarkation by cash only. A security deposit of 2900 € is also required before embarkation. This amount shall be retained or applied against minor loss and damaged items on the boat in case apply at the REDELIVERY, or reimbursed completely in case of no damages.
- DELIVERY AT EMBARKATION
The OWNER shall at the beginning of the Charter deliver the Yacht to the Port of Delivery and the CHARTERER shall take delivery in full commission and working order, seaworthy, clean, in good condition throughout and ready for service, with full equipment, including up-to-date safety and live-saving equipment (including life – jackets for children if any, are part of the Charterer’s Party), as required by the Yacht’s registration authority; And further agrees to allow demurrage pro rata to the charterer for any delay in delivery. The OWNER has the right, at its discretion, to substitute a boat of similar type or to cancel the charter and to refund the charter fee. Should it be impossible for the OWNER to make delivery within ¼ after the start of the Charter Period, the OWNER may cancel or reschedule this Agreement. Any charter deposits paid in advance shall be returned by the OWNER in full to the CHARTERER without further liability to th OWNER. The OWNER shall then have no further liability to the CHARTERER beyond that refund.
At the time of delivery the CHARTERER shall check and sign a record inventory and on redelivery to attend to checking with the OWNER and to countersign the record of inventory after checking. Any lost or damaged inventory item shall have all expenses relating to the loss or damage paid by the CHARTERER.
- RUNNING EXPENSES
The CHARTERER shall pay all running expenses during the charter period including pilotage, port charges, sail guide and crew charges, servicecalls, refueling costs, engine running costs (if applicable) and provisions and supplies for the charterers party.
- MAXIMUM NUMBER OF PERSONS/ RESPONSABILITY FOR CHILDREN/ HEALTH OF CHARTERES PARTY
a) The CHARTERER shall not at any time during the Charter Period permit more than the Maximum Number of Guests Sleeping or Cruising on Board here in stated. As an exception, a reasonable number of visitors could be on Board whilst the YACHT is securely moored in port and at the sole discretion of the Skipper.
b) If children are taken on board, the CHARTERER shall be fully responsible for their safety, conduct and entertainment.
c) The nature of a yacht charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signature of this Agreement the CHARTERER warrants the medical fitness of all members of the CHARTERER’s party for the voyage contemplated by this Agreement.
d) Due to the recent restrictions of the COVID protocol, the CHARTERER should be requested to fulfil and signed a COVID questionnaire before embarkation, which should be given to the OWNER before the start of the trip. Additionally, at any sympton that could occur during the trip, it will be established the protocol according with the instructions on board.
- SKIPPER COMPETENCY
a) Will be a qualified and competent person with the required licence for sailing on the type of boat rented, as well as the auxiliary boat, and should be travel with their licence, which could be at any time checked. He/she will be the responsible to instruct the crew to comply with all the protocols on board.
b) Will be the responsible of the boat and operation during the period of charter, and will have the maximum authority with relation to the decisions related with operation, navigation, health and security on the boat.
c) Will be in charge of designation of 1 experienced crew member which also will have the licence and competency for having the responsibility as substitution in case needed.
d) Shall have the authority to prohibit the use by the Crew members from use of any particular equipment (eg. the auxiliary boat) if, in his reasonable opinion, they are not competent to operate such equipment, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment.
e) Will keep the yacht’s logbook up to date, noting each day the port of call, the state of the yacht and its equipment, any change in the composition of the crew when at sea regularly, the times, positions, weather conditions, sail plan and hours of engine operation.
f) Will plan and to carry out the yacht’s itinerary in such a manner as to reach the port of call farthest away from the point at which the yacht must be returned to the Owner (Turn- Around Point) within the first one third (1/3) of the charter period and that two days prior to the termination of the charter the yacht’s port of call shall lie at a distance not greater than forty (40)N.M. from the point at which the yacht is to be returned to the owner.
g) To report by telephone or cable to the Owner at reasonable intervals the position and state of the yacht and of her passengers, as well as in the event of any damage to the yacht.
h) To study and acquire a working knowledge of any printed matter pertaining the proper handling of the yacht and to the conditions in the cruisingarea, which may be made available to him by the owner.j) Not to allow any person on board to commit any act contrary to the custom laws of Hellas or of any country or contrary to the laws pertaining to fishing or under water diving nor to seek and/ or take possession of objects of archeological nature or value. In any case such act is committed, this Agreement shall there upon be terminated, but without prejudice to any rights of the Owner and that the Charterer shall carry alone any resulting responsibilities and he shall answer alone to the appropriate Authorities.
j)To take any possible preventive measure and precaution to avoid bringing the Yacht in any condition in which the Yacht will need to be towed to any point by another vessel, but should such a necessity arise, despite of the Charterer΄s efforts, to negotiate and agree with the captain of the other vessel on the price to be paid before allowing the yacht to be towed.
k) Will not to leave a port or anchorage if the wind force is or is predicted to be over six (6) of the Beaufort scale or if the harbor Authorities have imposed a prohibition of sailing or while the yacht has unrepaired damage or any of her vital parts such as engine, sails, rig, bilge pump, anchoring gear, navigation lights, compass, safety equipment, ect are not in good working condition or without sufficient reserves of fuel or in general, when weather conditions or the state of the yacht or its crew or a combination of them concerning the safety of the yacht and her crew is doubtful.
l) The owner (or his representatives) may require the Charterer and his crew to demonstrate their competence in handling and navigating the yacht safely by actually operating the yacht at sea with the owner (or his representative aboard and should the Charterer and/ or his crew fail to satisfy the owner in this respect, the owner may terminate this Agreement and to return the charter fees. if one acceptable by both the owner and the Charterer, for as many days as the owner will consider necessary for the safety of the yacht and her passengers and any time required for this test of the Charterer’s competence and seamanship would be part of the agreed Charter period.
- NAVIGATIONS AND OTHER LIMITS
The CHARTERER shall limit its cruising perimeter to the area of the Hellenic Sea. The Boat shall be employed exclusively as pleasure boat for the sole and proper use of members of the Charterer’s party. The CHARTERER shall not carry on the Boat more than the specified number in the party and the Charterer shall not permit any other party, except competent persons within the Charterer’s party, to operate the Boat unless the prior written permission of the OWNER is obtained. The CHARTERER shall not race the Boat. The CHARTERER shall not raft up the Boat up against any other vessel. Except with authorisation of the OWNER the Boat must not be used for towing any vessel other than the tender. There must be no transferring of any equipment from the Boat. The CHARTERER shall not engage in trade including transporting merchandise or passengers for pay. No goods, documents or drugs shall be carried which would involve the risk of seizure of the Boat by any government. Pets shall not be taken on the Boat. Children must be under the control of a responsible adult. That adult is responsible for the conduct and personal safety of the children while on the Boat. The CHARTERER shall not allow any person on board to commit any act contrary within the jurisdiction of which the Boat may be at any time and shall comply with the law in all other respects.
- REDELIVERY AT DISEMBARKATION
The CHARTERER shall redeliver the Boat to the OWNER free from any indebtedness which may have occurred on the Charterer’s account at the Port of Return together with all of its equipment, in the same good condition as it was at delivery, save for fair wear and tear from ordinary and proper use. If for any reason other than that the Boat has become a total loss, he shall fail to redeliver the Boat at the agreed place and time, he shall pay the Operator demurrage at the rate of the charter fee per night of the Boat plus 50% for every day or part of a day (“Agreed Demurrage”) until redelivery is effected. If the Charterer leaves the Boat at any place other than the Port of Return he shall pay to the OWNER: all expenses involved in transferring the Boat to the Port of Return; Agreed Demurrage for the number of days required for the transfer; plus any losses or damage not covered by the Owners insurance which may occur on or to the Boat or otherwise arises from the redelivery until it has been redelivered to the Charterer at the Port of Return. In the event the CHARTERER should elect for any reason to redeliver the Boat prior to the end of the charter period the Operator shall not be liable to return any part of the charter fees.
- CANCELLATION POLICY
The cancellation charges as shown below will apply from the date the written cancellation request is received by the OWNER.
a) In the event of cancellation policy by a Chartered, all the advance payments made up to the date of cancellation will be retained by the owner. The OWNER reserves the right to refund the said deposits or a part of them, if he succeeds in letting the yacht to another Chartered for the same period and under the same and similar conditions.
b) Special cancellation policy due to COVID
In case of closed borders after proceed to the booking, travel bans or cancelled flights due to COVID, the CHARTERER would have the option to change for future dates during 2021 or use a credit note for charters during the next year. In case of higher price, the corresponding difference needs to be negotiated.
- CHARTERER OBLIGATIONS
- The CHARTERER undertakes to comply with all seagoing rules and regulations currently in force. The CHARTERER and all members of his party shall take all reasonable care of the Yacht and its equipment. The crew member will obey the skipper instructions.
- The CHARTERER shall ensure that any bonded stores or other merchandise which may already be aboard the Yacht, or may be brought aboard the Yacht during the Charter, are cleared through Customs before being taken ashore, if required by the laws and regulations.
- If the CHARTERER or any of his Guests shall commit any offence contrary to the laws and regulations of any country which results in any member of the crew of the Yacht being detained, fined or imprisoned, or the Yacht being detained, arrested, seizedor fined the CHARTERER shall indemnify the OWNER against all loss, damage and expense incurred by the OWNER as a result, and the OWNER may, by notice to the CHARTERER, terminate this Agreement forthwith.
- It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly firearms) shall be sufficient reason for the OWNER to terminate the Charter forthwith without refund or recourse against the OWNER.
- CHARTERER’S LIABILITY
The CHARTERER shall only be liable for such costs or losses as may be incurred by repairing damage caused by the CHARTERER or his guests (intentionally or otherwise) to the Yacht or any third party up to the level of the Excess (Deductible) on the OWNER’s insurance policy for each separate accident or occurrence.
The OWNER reserves the right to recall the Boat at any time if the weather is considered by the Operator to be a threat to safe operation or in the Operator’s opinion the Boat is being improperly or incorrectly sailed, managed or controlled so as to imperil the Boat, other vessels or property or life. A recall may include but is not limited to a recall to the OWNER’s base or an instruction to proceed to a haven deemed to be safe for the prevailing conditions. During a recall the CHARTERER may be required to vacate the Boat depending on conditions. The OWNER shall not be liable for any lost time, expense or losses to personal goods or property due to recall and the OWNER is not liable to repay any charter fees.
- SERVICE CALLS
In the event of a malfunction of the Boat or its equipment, the OWNER shall subject to prevailing weather conditions use its best endeavours to reach the Boat with a service call at the earliest opportunity. In the event a service call is not in the OWNER’s opinion reasonably possible, or if the problem cannot be otherwise rectified, the CHARTERER shall proceed according to the point defined by the OWNER where repairs or replacement, where possible, will be made. If the service call is in the reasonable opinion of the operator due to any fault of any member of the charter party any cost incurred shall be at the expense of the CHARTERER.
In the event that a fault in the Boat is detected before or during the charter period that may cause unsatisfactory performance of the Boat or equipment, then the OWNER has the right to expeditiously effect repairs. In the event the Boat is in the OWNERS opinion inoperable during part of the charter period through no fault of the CHARTERER rendering total or premature termination of the charter, the OWNER may at its option endeavour to provide as a substitute an alternative boat of similar size and quality for the charter period. If no substitute boat can be provided the CHARTERER shall be entitled to a reimbursement, limited to the charter fees for each full day of the charter which has not been used.
- ACCIDENT OR BREAKDOWN
In the event of any accident, loss, breakdown or disaster, the CHARTERER shall give immediate notice to the OWNER and shall not except to the extent necessary to minimise a loss of the Boat, authorise or undertake repairs without prior authorisation of the OWNER. The CHARTERER shall be responsible for the costs and consequence of any unauthorised repairs. The CHARTERER shall make no admission of liability to any party and no refund shall be made in respect of any claim arising out of such accident, loss, breakdown or disaster, save as is otherwise provided in this agreement. The OWNER at its discretion shall determine if the cost of any repair, service (including cost for service vessels), breakdowns, recall or repossession or any other costs incurred by the OWNER are chargeable to the CHARTERER and if so shall be owing and paid by the CHARTERER.
- PERSONAL LOSSES
The OWNER shall not be liable for loss of personal property and goods of the CHARTERER whilst on the OWNER’s property or boats.
The CHARTER shall indemnify, reimburse and hold the OWNER harmless from and against any acts and all claims, losses, liabilities, demands, suits, judgement or causes or actions and all legal proceedings whether civil or criminal, penalties, fines and other sanctions and any other costs and expenses in connection which may result from, or arise in any manner out of any matter related to this charter agreement or arise out of the management, control, encumbering use or operation of the Boat by the CHARTERER. No claim of any nature shall be brought against the OWNER by the CHARTERER or any of the charter party and the CHARTERER agrees that he shall indemnify the OWNER in respect of any amount paid by the OWNER in respect of any such claim.
If the CHARTERER damages the vessel to the extent the charter cannot continue, the OWNER is not liable to pay any refunds, compensation or replace the vessel with another. The CHARTERER may take out insurance to cover this event.
- INOPERABLE BOAT
In the event that in the reasonable opinion of the OWNER the Boat becomes inoperable during the Charter Period through action or inaction of the CHARTERER or any of his party the OWNER may at its option terminate this agreement and retain all charter fees paid. The OWNER may then at its option offer a further charter to the CHARTERER on another vessel. The CHARTERER shall if he accepts the offer then advance a new security deposit and pay all costs of a further charter including the charter fee.
- WATER SPORTS
The OWNER and its insurance underwriters shall not be liable for accidents, injuries or death due to: swimming; paddle surf; the use of the Boat’s dingy and outboard engine; or the use of snorkels, masks, fins or scuba equipment whether supplied by the OWNER or otherwise. The user of the equipment referred to in this clause must ascertain that they are experienced, qualified and capable of using the equipment and the equipment is suitable and in good condition for the purpose for which it will be used and for the person using it.
- RADIO ARRANGEMENTS
The CHARTERER agrees to contact the OWNER’s base on or within such time as the OWNER may at its discretion stipulate to the CHARTERER including each morning and afternoon on each day of the charter period and furnish necessary details of the Boat’s position, intended plans for the day and intended anchorage position for that evening. In the event that the CHARTERER fails to so notify and contact the OWNER’s base on any two consecutive schedule periods, then that CHARTERER shall be responsible for all costs or expenses incurred by the OWNER in searching for the CHARTERER including but not limited to, the hire of aircraft or other means of transport.
The yacht and its inventory are insured under a marine insurance policy against loss, damage and third party indemnity. The insurance cover on the Boat does not cover CHARTERER negligence. The CHARTERER is liable for all damages or loss caused by him or other members of the charter party arising through his or any of the Charterer’s party’s negligence or incurred by malicious or wilful acts of the Charterer or members of the CHARTERER’s party. The Charterer’s liability extends to the OWNER and other parties to the full cost of making good any loss or damage. The OWNER recommends that the Charterer effect Charterer negligence insurance. Additional, the yacht insurance does not include personal travel insurance which advisable should be taken out by all members of the charter group.
- ASSUMPTION OF RISK AND COMPLETE RELEASE OF LIABILITY
The CHARTERER and all members of his party know and fully understand that sailing on any type of sailing vessel, as well as all associated activities such as but not limited to swimming and snorkeling, are outdoor adventure activities in an aquatic environment with inherent risks and hazards where serious accidents can occur. These risks and hazards include, but are not limited to falls overboard, slips or falls at any time while boarding, disembarking, or on-board, any injury or accident occurring while traveling in a dinghy/tender.
The charterer and all members of his party fully understand that the Yacht has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. The CHARTERER and all members of his party explicitly acknowledge and agree in advance to these conditions, accept and willingly assume all risks and hazards related to, arising out of, or associated their participation in a sailing trip and voluntarily agree to release, discharge, and hold harmless the OWNER and its partners and employees. To the extent permitted by law, the liability of the OWNER for indirect, special or consequential damages in connection with or arising out of the services under this agreement shall be limited to the supply of those services. The OWNER shall not be liable for any other indirect, special or consequential damages.
Any dispute in connection with the interpretation and fulfillment of this Agreement shall be decided by arbitration in Piraeus, Greece. Each party shall appoint one Arbitrator, the third –in head of the arbitration – being appointed by the Shipping Chamber of Shipping in Greece. This Agreement shall be interpreted and fulfilled in accordance with the laws of Greece and the Courts of Piraeus/Greece.