TERM & CONDITION
YACHT CHARTER AGREEMENT TERMS AND CONDITIONS
1. Payment Terms
1.1. A non-refundable deposit is required to confirm the reservation of the Charter, with the full payment due prior to the commencement of the Charter.
1.2. In the event of non-payment by the specified date, the Owner reserves the right to cancel the Charter and retain the deposit.
2. Postponement and Cancellation Policy
2.1. Cancellation More Than 30 Days in Advance:
In the event of cancellation more than thirty (30) days prior to the scheduled commencement of the Charter, the Charterer may be entitled to a full refund, subject to the Owner's discretion. The Owner may, at their discretion, apply an administration fee to such a refund.
2.2. Cancellation Between 30 and 14 Days Prior to Charter:
Cancellation between 30 and 14 days prior to the scheduled commencement of the Charter will incur a penalty fee of fifty percent (50%) of the total Charter price. Refunds will only be issued at the Owner's discretion.
2.3. Cancellation Less Than 14 Days Prior to Charter:
No refunds will be issued for cancellations made less than fourteen (14) days prior to the scheduled commencement of the Charter.
2.4. Cancellation of Food and Beverage Services:
No refund will be issued for cancellations of food and beverage services less than seven (7) days prior to the scheduled commencement of the Charter.
2.5. Postponement of Charter:
Requests for postponement of the Charter within two (2) weeks of the scheduled commencement will be considered on a case-by-case basis and are subject to a minimum postponement fee of fifty percent (50%) of the Charter price. Supporting documentation must be provided by the Charterer to justify the request.
2.6. Adverse Weather Conditions:
In the event the Captain deems it unsafe to proceed with the Charter due to adverse weather conditions, the Charterer shall be entitled to reschedule the Charter, subject to availability. Any delays in departure due to weather shall entitle the Charterer to a proportional refund of the Charter price or an extension of the Charter duration, as determined by the Owner, subject to availability.
2.7. Weather-Related Changes After Charter Commencement:
In the event that adverse weather conditions arise after the commencement of the Charter, and the Captain deems it necessary to shorten the Charter for safety reasons, the Owner shall not be liable for any refund or compensation.
2.8. Cancellation and Curtailment Insurance:
The Charterer is strongly advised to obtain cancellation and curtailment insurance to protect their investment in the event that unforeseen circumstances prevent or curtail the Charter.
3. Insurance
3.1. Comprehensive Insurance:
The Owner provides fully comprehensive insurance to cover damage to the yacht. The Charterer acknowledges and agrees that they are liable for all damages resulting from breach of this Agreement, negligence, or malicious acts.
3.2. Exclusions:
The Owner’s insurance does not cover theft or loss of the dinghy, its accessories, or the outboard engine. The Charterer is advised to obtain independent insurance for personal effects, medical emergencies, and accident expenses incurred during the Charter.
3.3. Charterer’s Liability:
The Charterer’s liability insurance, as well as cancellation and curtailment insurance, is not included under this Agreement. The Charterer is responsible for ensuring that all members of their party are adequately covered by personal accident insurance.
4. Delivery of the Yacht
4.1. The Owner/Operator shall deliver the yacht to the Charterer in a clean and seaworthy condition, compliant with applicable safety, insurance, and regulatory requirements.
4.2. Failure to Deliver:
In the event the Owner/Operator is unable to deliver the yacht, or an alternative yacht of comparable quality, due to technical issues or any other reason not attributable to the Owner/Operator, the Owner/Operator shall refund the full Charter fee to the Charterer. The Charterer agrees that no further claims, damages, or compensation shall be owed to them.
5. Itinerary and Facilities
5.1. The itinerary, activities, and facilities provided on the yacht, as outlined in marketing materials or the yacht’s fact sheet, are for informational purposes only and are subject to change at the discretion of the Owner or Captain, due to unforeseen circumstances, weather conditions, or client preferences.
5.2. The Owner does not guarantee the availability or operational condition of all water activities and amenities on board, particularly during peak season. Certain amenities may be temporarily unavailable due to maintenance or repair.
6. Crew
6.1. The Owner shall provide a qualified skipper and crew in accordance with the yacht’s licensing and insurance requirements.
6.2. Crew Conduct:
The Owner guarantees that all crew members shall comply with the applicable laws and regulations of the country in whose waters the yacht operates. No member of the crew shall be permitted to carry or use illegal drugs aboard the yacht.
7. Use of the Yacht and Equipment
7.1. The Charterer agrees to return the yacht in the same condition as it was delivered, normal wear and tear excepted.
7.2. The Charterer is responsible for any damage caused by their party, including damage resulting from neglectful, willful, or reckless actions, including but not limited to drunken or disorderly behavior. The Charterer is further liable for any resulting costs or liabilities incurred by the Owner.
7.3. The Charterer agrees to promptly report any damage or malfunction of the yacht or equipment to the Captain and crew.
7.4. Water Activities:
The Charterer acknowledges the inherent risks associated with water-based activities such as swimming, snorkeling, and kayaking. Participation in such activities is at the Charterer's own risk, and the Owner shall not be held liable for any injuries, damages, or loss arising from such activities.
8. Smoking and Alcohol Consumption
8.1. Smoking:
The Charterer may only allow smoking aboard the yacht with prior permission from the Owner. The Charterer is liable for any damage caused by smoking, including but not limited to fire damage or soiling of the yacht.
8.2. Alcohol Consumption:
Alcohol may be consumed aboard the yacht in a responsible manner. The Owner reserves the right to deny boarding to any guest who exhibits signs of intoxication or to curtail the Charter should any guest engage in drunken or disorderly behavior. The Charterer acknowledges that no refund shall be issued under such circumstances.
8.3. Crew and Alcohol:
The Charterer agrees not to offer alcoholic beverages to the Captain or crew members during the Charter.
9. Damage to the Yacht
9.1. The Charterer is liable for any damage to the yacht or equipment caused during the Charter, including additional cleaning or repair costs.
9.2. In the event of damage, the Owner will provide the Charterer with a receipt for the costs incurred. The Charterer has the right to request an independent assessment of the damage before repairs are commenced, provided the assessment meets the Owner’s standards.
10. Disembarkation
10.1. The Charterer is responsible for ensuring timely disembarkation from the yacht at the agreed port of disembarkation. Any delays or failure to disembark as scheduled shall incur additional costs.
10.2. In the event that the Charterer disembarks at a location other than the agreed port, the Charterer shall be liable for any costs incurred by the Owner to return the yacht to the agreed port of disembarkation.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the yacht is registered.