Booking Conditions IST
AGENCY TERMS AND CONDITIONS
Please read our terms and conditions carefully. These terms and conditions apply to the yacht charters which we sell to you as an agent/broker for the principal(s) or other supplier(s) of your booking.
For this booking(s), you, “The Charterer” will be entering into a contract with the principal(s) or other supplier(s) of the yacht charter(s) (the yacht owner/operator) you have booked through us. Accordingly, in addition to these terms and conditions, the terms and conditions of the principal(s) or other supplier(s) will apply to your booking. You agree to be bound by these terms and conditions, as well as the terms and conditions of the principal(s) or other supplier(s), including their cancellation and amendment policies. A copy of the terms and conditions of the supplier(s) is provided to you at the time of booking.
Island Sailing Limited registered in England Number 7640783, trading as Island Sailing (here after called ‘Island Sailing’, ‘we’ or 'us') act at all times as agent for and on behalf of the yacht owner/operator of the yachts we offer. Island Sailing does not itself own or provide any of the services which make up your booking.
CONTRACT
These are the terms on which we will make a booking for your yacht charter. When making your booking we will arrange for you “The Charterer”, to enter into a contract directly with the principal(s) or other supplier(s) (the yacht owner/operator) named on your booking statement. As agent/broker we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them. The principal’s(s’) or supplier’s(s’) Terms and Conditions will apply to your booking, therefore, before confirming your booking we advise you to read the terms and conditions carefully to ensure that you agree with everything contained within them as they do contain important information about your booking.
Our responsibilities are limited to making the booking in accordance with your instructions. Island Sailing shall have no responsibility or liability to the Charterer other than for the performance of these services. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the total yacht charter price received by us as per your booking statement. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence, as agent or that of any of our employees whilst acting in the course of their employment.
Our Terms & Conditions are governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. All charter arrangements which we provide or which are sold through us are not an offer by us to sell any charter arrangements, but an invitation to you to make an offer to the principal(s) or other supplier(s) of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it.
BOOKING DETAILS
To make a booking you must complete the booking form. Please provide accurate and full information for all members of the party. The person who completes the booking form is ‘the Charterer' and should be over 18. By completing the booking form you, the Charterer, guarantee that you have the authority to do so and that you shall comply and ensure that your party comply with these terms and conditions, the terms and conditions of the principal(s) or supplier(s) and the laws and regulations of waters the vessel is within during your charter. You also warrant that you and all members of your party are able and competent to undertake the chosen charter. All members of the party under the age of 18 must be accompanied by a parent/guardian. Adults will at all times be responsible for minors in their charge.
It is your responsibility to check the details of the booking you wish to make carefully as soon as it is sent to you and make sure that all the details are correct. If this is not the case, it is important that you inform us within 24 hours of it being sent to you. Failure to do so may result in service charges being applied for booking amendments.
Completion and submission by you of the booking form will be treated by us as confirmation that you have read, understood and accepted these terms and conditions and the terms and conditions of the principal(s) or supplier(s). You are responsible for the full cost of the charter including any amendment or cancellation charges. Once we have received your completed booking form and we are satisfied with the information you have supplied together with your cleared payment due we will proceed to confirm the booking with the principal(s) or supplier(s) and will send your charter confirmation.
The booking information that you provide to us will be passed on only to the relevant suppliers of your yacht charter arrangements or other persons necessary for the provision of your yacht charter arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. If you charter outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available on our website.
PAYMENT AND PRICE
When booking you will be required to pay a deposit or make full payment for your charter and our Consulting / Booking Administration Fee will become due. Payments must be made by bank transfer, debit card or credit card. Payments made by Direct Debit are protected by the Direct Debit Guarantee. A 2.75% handling charge will apply to business debit and credit card payments. We reserve the right to change the required method of payment at our discretion, irrespective of how any deposit or prior payment was made.
We may ask for a lower-than-normal deposit. Where this is the case, you will be notified at the time of booking of when the remainder of the deposit payment is due. You must pay the full balance by the balance due date notified to you (which is never less than 12 weeks before travel). Please check the dates your payments are due on your booking confirmation/ statement. If payments are not received on time, we will notify the principal(s) or supplier(s) who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions and your deposit may be retained. We will also apply our service fee for cancellation. Please note that these charges may be greater than the sums collected (particularly when a lower-than-normal deposit is charged) in which case we will seek to recover from you any monies due.
Once you receive your booking confirmation the price of your charter will not be increased unless that there is a requirement by law to charge a Government tax or levy introduced or changed after your booking is made. This does not apply to errors or omissions. However, we reserve the right to amend prices at any time prior to booking.
Whilst we make every effort to ensure the accuracy of the pricing information provided, regrettably errors may occasionally occur. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible. If a booking is already in place, you will have the choice to continue with the chosen charter at the corrected price or amend to a different charter, subject to availability. We reserve the right to cancel the booking with the principal(s) or supplier(s) if you do not wish to accept the price that applies to your charter or any quoted alternatives.
TOURIST TAX
Some destinations charge a tourist tax which applies to all tourists and we will try to inform you of this wherever possible and to the best of our knowledge. However, these charges depend entirely on the local authorities in that country and therefore may be introduced without our prior knowledge and are subject to changes beyond our control. The tourist tax will be in addition to the charter price.
SECURITY DEPOSITS
By completing the booking form you confirm you will provide the relevant security deposit to the principal(s) or other supplier(s). The amount of the security deposit is shown separately on your booking confirmation statement.
CANCELLATION
Any instruction to cancel must be sent to us in writing either by email to contact@island-sailing.com or by post to Cancellations, Island Sailing, Customer Service, Blackbox, Beech Lane, Wilmslow, SK9 5ER. If you cancel your booking the principal(s) or supplier(s) will charge the cancellation charge shown in their Terms and Conditions (which may be 100% of the cost of the charter arrangements) and you must pay us the cancellation fee of £100 per charter. The cancellation of your yacht charter may not take effect until we have received your written instruction and any monies due as a result of your intended cancellation.
Please bear in mind that it could take us up to two clear working days to communicate any intention to cancel to the principal(s) or supplier(s) therefore please take this into account when calculating your cancellation costs. Administration fees and service charges are non- refundable.
AMENDMENTS
We are happy to assist with any amendment to your yacht charter that you may wish to make and where changes are permitted by the principal(s) or supplier(s). However, we cannot guarantee that such requests will be met. We may ask for your instruction and agreement in writing. We will charge an amendment fee of £100 per amendment. This will be charged in addition to any changes in charter price, costs or fees applicable that are applied by the principal(s) or supplier(s).
It is not possible to refund individuals within your party or where the amendment or cancellation is because the number of persons within their party is less than that required for the charter booking. If you wish to make an amendment to the number of people within your party after the initial booking, so long as the total party remains within the per person minimum/maximum requirement for the yacht chartered we can make such requests to the principal(s) or other supplier(s). An amendment fee may apply. It may not be possible to change all the names on your booking and in most cases the Charterer on the original booking must remain.
We cannot pay any compensation, reimburse expenses, damages, costs or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control which necessitates a change or cancellation of your charter after booking, or we, the owner/operators or suppliers, have informed you that they cannot supply your charter. No compensation will be payable if your charter is cancelled as a result of your failure to comply with any requirement of these terms and conditions and the terms and conditions of the principal(s) or supplier(s) (such as paying on time), or because of unavoidable and/or extraordinary circumstances beyond our control (listed below).
CHANGES OR CANCELLATION BY THE SUPPLIER
We will inform you as soon as reasonably possible if the principal(s) or other supplier(s) needs to make a significant change to your confirmed arrangements or to cancel them. We will also inform you in relation to any alternative arrangements offered by them (if any), you will need to let us know your choice within the time frame we stipulate but we accept no liability for any changes or cancellations made to your arrangements by the principal(s) or other supplier(s) under your contract with them.
UNAVOUDABLE AND EXTRAORDINARY CIRCUMSTANCES
Except where otherwise expressly stated in these Terms and Conditions, we cannot accept liability or pay any compensation where the performance of our contractual obligations, as agent is prevented or affected by or you otherwise suffer any damage, loss or expense as a result of unavoidable and/or extraordinary circumstances which will include, but are not limited to war or threat of war, riot, civil strife, terrorist activity, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, natural or nuclear disaster, fire, hurricanes, earthquakes, floods, epidemic, pandemic, government action, health risks, illness, terrorist activity, civil unrest, change to Foreign Office advice to advise against travel to destination, adverse weather conditions (actual or threatened) or similar events beyond our control.
INSURANCE
Many principal(s) or supplier(s) require you to take out travel insurance as a condition of booking with them. In any event, insurance is a vital part of any yacht charter booking so please ensure you take out adequate insurance at the time of booking. It is a condition of booking with us that you obtain travel insurance which includes cover against any COVID-19 issues or incidents which may affect or curtail your booking.
We strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation and medical costs) in the event of accident, emergency or illness; as well as compensating you for permanent injury, death, delays, cancellation, curtailment, missed departure, personal liability, loss of baggage, money, personal possessions and other expenses, as well as ensuring you have cover for end supplier failure, force majeure events and any activities you have booked, including additional cover for sailing/yacht charter.
If you choose not to take adequate insurance cover, including in relation to COVID-19 and end supplier failure we will not be responsible to you for possible liabilities which may arise or for any costs you incur if you do not do this.
You are responsible for your independent travel arrangements to take up your charter and we accept no liability for any damages, expenses or cover losses of any description you may incur in regard to these. We will not be responsible for any curtailment of your yacht charter, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs.
Please check your policy when you receive it and carry proof of insurance with you as you may be asked to produce this if reasonably requested including by us, or the principal(s) or supplier(s).
PASSPORTS, VISAS AND HEALTH
Your specific passport and visa requirements and other immigration and travel requirements and advice are your responsibility, and you should acquaint yourself and confirm these with the relevant government bodies, Embassies and/or Consulates. We cannot accept any responsibility if you cannot travel because you have not complied with any passport, visa, immigration or entry requirements. Please note that these requirements may change between booking and your charter. Most countries now require passports to be valid for at least 6 months after your return date. It is your responsibility to ensure that you keep up to date with the latest foreign travel advice as issued by the government. You may also be required to quarantine or self-isolate. Advice is updated on a regular basis and often at very short notice.
As with other activity-based activities, sailing and watersports activities contain an element of risk and participation in these activities is your decision. It is your responsibility to ensure that you obtain proper and detailed medical advice prior to your charter and to check for the latest health requirements and recommendations for the relevant country/countries and any costs. Where you do not do so and either are not allowed to enter any country, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your charter arrangements. For those with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their doctor.
COMPLAINTS
As the contract(s) for your yacht charter is between you and the principal(s) or supplier(s), any queries or concerns relating to the yacht charter arrangements should be addressed to them. If you have a problem whilst on charter, this must be reported to the principal(s) or supplier(s) immediately. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, please write to the principal(s) or supplier(s). If you require further details or information in order to contact the principal(s) or supplier(s) from us, please contact us. Island Sailing, Customer Service, Blackbox, Beech Lane, Wilmslow, SK9 5ER. Email: charter@island-sailing.com
PRIVACY AND COOKIES POLICY
Island Sailing understands and respects the importance of your privacy. This Privacy Policy explains what personal information we may collect from you, how we will look after that information, and how we may use your data. The Policy tells you about your privacy rights, and how the law protects you. The website uses cookies to distinguish you from other users. Some of these cookies are essential to make this site work properly, to allow you to make your yacht charter booking and to enable Island Sailing Limited to fulfil your purchase requests. Other types of cookie help us to provide you with a good experience when you browse our site, allow us to improve our site or the way we provide our service to customers. Our full Privacy and Cookies Policy can be found on our website here http://www.island-sailing.com/privacy-and-cookies-policy
SERVICE CHARGES
We will apply a non-refundable service charge for the services we provide as booking agent.
Cancellation fee: Principal's charge + £100 per charter
Amendments after booking has been confirmed: Principal's + £100 per amendment
Late Payment fee: Where late payments are permitted, 2% of the amount due.
ADDITIONAL SERVICES
Where we agree to provide additional booking services, for example transfer services to or from any such third party product or destination, our doing so offers no endorsement of the product or service we cannot accept responsibility for any of these services.
CORONAVIRUS (COVID-19)
The principal’s(s’) or supplier’s(s’) You, “The Charterer” will be entering into a contract with the principal(s) or other supplier(s) of the yacht charter(s) and their Terms and Conditions will apply to your booking and we advise you to read these carefully as they will contain important information about your booking, including any policies in regard to COVID-19, including payment and cancellation.
You acknowledge that the COVID-19 pandemic has affected travel throughout the world. You acknowledge that laws, regulations and the principal(s)/suppliers(s) providing your yacht charter may require you to comply with various measures which have been introduced to manage the risk of COVID-19. These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-coverings and gloves and abide by social distancing requirements.
You acknowledge that certain principal(s)/suppliers(s), ports, airports, airlines, border control, government body, local authority or other third parties may require you to undertake certain health formalities, testing, assessment, provide documentation or satisfy other requirements aimed at managing the COVID-19 risk as a condition to you travelling, departing, entering or residing in a particular place. You also acknowledge that certain countries may impose quarantine or self-isolation measures upon travellers, whether in the place of destination or upon your return.
It is your responsibility to obtain details of these requirements ahead of your travel departure date and comply with and satisfy these requirements. We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing.
If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or access to some other facility or service including in relation to your yacht charter. We shall have no liability to you for any curtailment of your yacht charter, missed transport arrangements, additional accommodation required, refunds, compensation, expenses, damages or other associated costs incurred by you in relation to such matters or if you are unable to travel or make use of all or part of your booking because of these matters. You must ensure you have comprehensive travel insurance which cover the costs of such matters. The terms of this clause shall also apply to any other strains of Coronavirus and any other viruses, illnesses or health risks which may affect your booking.
GENERAL TERMS AND CONDITIONS OF THE PRINCIPAL
Subject to Istion Yachting Ltd General Terms & Conditions, Istion Yachting Ltd Privacy Policy & Charter Party Terms & Conditions which all parties acknowledge to have read, understood and agreed to. Price includes use of the vessel with her equipment as per Statement and charter VAT as per current rate. It is here expressly agreed that the VAT rate mentioned and applied herein is the one applicable by current tax legislation valid to this date and subject to change without prior notice or responsibility of the Broker, the Stakeholder of the Owner. Should any changes in applicable tax legislation take place after the issuance of this agreement, resulting in changes in amount of VAT, then the difference will be credited or debited to the Charterer accordingly. Vessel shall be delivered with full tanks of fuel (yacht & dinghy) and water and must be re-delivered by Charterer full in fuel and water. Charter Price does not include: Fuel & fresh water consumption, travel insurance, trip cancellation or curtailment insurance, crew (i.e. skipper / cook), berthing fees, provisioning, transfers, charterer’s expenses & extras. Security Deposit Insurance is mandatory for skippered charters. Booking is not confirmed until 1st payment is cleared to Istion Yachting bank account stated above. Charter will take place only if all payments are confirmed in cleared funds in due time. Should the Charterer fail to pay, after having been given written notice, any amount or portion thereof, due under the Charter Agreement/Booking Terms, then Istion Yachting Ltd. reserves the right to treat the charter agreement/booking as having been repudiated by Charterer and to retain the full amount of payments as compensation. The Charterer should be aware that neither Charterer’s / Skipper’s Liability Insurance nor Cancellation and Curtailment Insurance are included. Charterers are advised to obtain cover of Travel Insurance and Skipper's Liability Insurance that cover all aspects of the trip.
Cancellation Policy:
1. For cancellations announced 1 to 35 days prior to charter start date, 100% of the total charter price + 25% of any skipper/hostess arrangements is due.
2. For cancellations announced 36 to 90 days prior to charter start date, 50% of the total charter price is due.
3. For cancellations announced 91 days or more prior to charter start date, 25% of the total charter price is due.
No-Show Cancellation: 100 % of all amounts including charter price, mandatory/optional extras and any crew is due. ISTION Cancellation guarantee: In any event of cancellation, Istion Yachting guarantees that in case the yacht is re-let, for the same charter period and under the same conditions, all amounts received will be reimbursed to Charterer net of a processing fee of Euro 300.
Charterer & Charter Broker acknowledge having read, understood and agreed to applicable terms, conditions & policies referenced in this booking. Charterer hereby provides consent for personal data processing for legitimate purposes and warrants that all members of his or her party are aware of the content ofIstion Yachting Ltd Privacy Policy and consent to Charterer and Charter Broker acting on their behalf in all their dealings with Istion Yachting Ltd. Delivery of the yacht is offered to Charterer conditioned on acceptance by the Charterer without modification of the applicable terms & conditions; Charterer irrevocably confirms such acceptance and agreement by effecting payments.
The signature of this Agreement by the Shipowner, Istion Yachting Ltd and his Broker, Island Sailing Limited, becomes valid and binds the Shipowner to his obligations hereinafter mentioned on condition only that the Shipowner will actually receive by Charterer the sums of the payments stipulated herein, in cleared funds no later than the dates specified in the booking statement. You will be asked to sign copies of the charter party which contain the terms below at base for port authorities' procedures. A sample copy can be provided upon request.
2. The Shipowner agrees,
a. to at the commencement of the charter period, following full payment of the charter price, deliver the Vessel to the Charterer at the agreed embarkation port, without crew, free of encumbrance, cleaned, with all the gear, equipment and inventory listed in Stakeholder’s written quotation, in seaworthy and adequate condition as per flag state requirements and with all safety equipment as required by the Vessel’s registration authority. The Vessel is a recreational vessel and not a cruise ship and the ShipOwner does not warrant neither her use and comfort in bad weather conditions nor feasibility of itinerary for all cruises and passages within the cruising area.
b. to insure the Yacht and her equipment in compliance with Greek Legislation requirements, against fire, marine and collision risks and third-party liability and the Charterer shall therefore be relieved of any and all liability which is covered by the said Policy, provided that such loss or damage is not caused or attributed to any act or omission either wilful or by gross negligence of the Charterer or his party. The Charterer shall remain liable for any loss, damage or liabilities arising from any act or negligence of the Charterer or his Guests aboard the Vessel not recoverable by the Shipowner under his insurance, not excluding Charterer’s liability for claims asserted by the hull underwriter (recourse). The Shipowner shall not be under any liability for the loss or damage to the personal property of or for any injury to the Charterer or any person aboard the Vessel during the charter period. The Charterer should carry independent insurance for personal effects whilst aboard or ashore and for any medical or accident expenses (including emergency transport evacuation) incurred.
c. If for any reason whatsoever the ShipOwner fails to deliver the Vessel at embarkation port the latest within four (4) hours following the agreed commencement time of the charter period and delivery is made within twenty-four (24) hours, then the Charterer shall be entitled to whichever of the following mutually exclusive alternatives is feasible at the time:
i. to extend the charter period by a time equivalent to the delay, on condition that the following charter commitment of the Vessel allows for such extension, or
ii. to receive a charter fee refund by ShipOwner up to the amount proportional to the delay at a pro rata rate applicable on the charter fee, or
iii. if the parties mutually agree to take delivery of a reasonable substitute vessel that is objectively of equivalent level, on condition that such can be made available. It is clearly agreed that lacking a substitution vessel does not constitute breach of terms by neither the ShipOwner nor the Brokers.
d. In case the ShipOwner fails to deliver the Vessel within twenty-four (24) hours or a period equivalent to one fourth (1/4) of the charter period, whichever period is shorter, the Charterer shall be entitled to treat this Agreement as terminated. The Charterer’s exclusive remedy will be to receive immediate repayment without interest of the full amount of all payments made by him under the terms of this Agreement. Alternatively, if the parties mutually agree, the charter period can be postponed to a mutually agreed time. In any event of delayed delivery or failure to deliver, Charterer’s exclusive remedies are limited to those stipulated above and no party shall be liable to pay any other compensation for any loss or damage, nor for any expenses including air travel and accommodation incurred by Charterer and his party resulting from the curtailment or the cancellation of this Agreement.
3. The Charterer agrees,
a. to re-deliver the Vessel at the agreed date, time and place, free of any debts, cleaned, together with all her equipment in the same good condition as she was at delivered. If agreed the Shipowner may arrange for cleaning and for repairs or replenishment of material lost or consumed on Charterer's expense for a set flat fee. If for any reason, weather conditions included, the Charterer fails to re-deliver the Vessel at the agreed date and time, Charterer shall be liable for demurrage to Shipowner at a daily rate calculated pro-rata based on charter fee stipulated herein, increased by fifty percent (50%), for every day or fractional part of a day thereafter until delivery has been effected. If the Charterer shall leave the Vessel at any place other than disembarkation port stipulated herein, then Charterer shall be liable to ensure that the vessel is cared for by qualified persons until the Shipowner is able to take possession of her further he is liable to pay to the Shipowner all expenses for transferring the yacht to the place of redelivery and pro-rata demurrage as stipulated above for the number of days required for this transfer and re-delivery, as well as for any loss or damage not covered by the insurance policy, which may occur on or to the Vessel until she has been taken over again by the Shipowner.
b. to deposit a security bond herein referred to as “security deposit” which shall be held by the Stakeholder on Owner’s behalf and may be used in, or towards, discharging any loss, damage or liability that the Charterer may incur under any of the provisions of this Agreement. If not required the security deposit shall be refunded without interest to the Charterer, subject to the provisions above, after redelivery and inspection of the Vessel, her gear and her inventory by the Shipowner or after settlement of all outstanding questions, whichever is later.
c. not to use the Vessel for transporting passengers, nor for racing (unless otherwise agreed in writing), nor for towing other craft except in an emergency, nor generally for any purpose other than that of private pleasure of the Charterer and his party which must include no less than one qualified Skipper and one experienced sailor, but not more than the maximum number of persons permitted aboard at berth and at sea as per Vessel’s licensing and documentation nor to accommodate aboard any person other than those shown on the crew / passenger list nor to take the Vessel or permit her to be taken outside the cruising area which is Greece (unless otherwise agreed in writing) nor to sublet the Vessel without the written consent of the Shipowner.
d. not to commit or allow any person on board to commit any act or omission, either willful or negligent, contrary to customs, to fishing, diving or other legislation applicable at cruising area nor to seek and / or take possession of objects of archeological nature or value and that in case any illegal act is committed this Agreement shall thereupon terminate without prejudice to any rights of the Shipowner and the Charterer shall carry alone any resulting liability and shall answer alone to the Authorities and indemnify and hold harmless the Shipowner and the Broker(s) from any and all claims made by any person, entity or authority in relation to chartering the Vessel, and from any and all liability whatsoever for any cause of action, lawsuit, or damages for any acts, omissions, incidents, or events that have taken place in connection to chartering the Vessel and Charterer’s obligation to indemnify the Shipowner and the Brokers extends and is not limited to payment of any and all costs of litigation, attorney fees, and damages related to defending an indemnified claim or appeal.
e. to take every possible preventive measure and precaution to avoid to bring the Vessel in any condition in which the Vessel will need to be towed to any point by another vessel, but towing the yacht should such a necessity arise in spite of the Charterer’s efforts, to notify immediately the Shipowner and if such contact is impossible to negotiate and agree in writing with the captain of the other vessel on the price to be paid, before allowing the Vessel to be towed.
f. 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 Port Authorities have imposed a prohibition of sailing or while the Vessel has unrepaired damage or any of her vital parts such as engine, sails, rig, bilge pump, anchoring gear, navigation lights, compass, safety equipment, etc. are not in good working condition or without sufficient reserves of fuel or in general, when weather conditions or the state of the Vessel or her crew or a combination of all are doubtful considering the safety of the Vessel and her crew.
g. to when necessary promptly reduce canvas and not to allow the Vessel to be sailing under an amount of canvas greater than the one ensuring comfortable sailing without excessive strains and stresses on the rigging and the sails, not to sail the Vessel in any area not sufficiently covered by the charts at his disposal or without having previously studied the charts of the area and other printed aids on board thoroughly, not to sail the Vessel at night without all navigation lights in operation or without sufficient watch on deck.
h. to regularly keep a log book up to date, noting each day the port of call, the state of the yacht and her equipment, the times, positions, weather conditions, sail plan and hours of engine operation and record without any delay any change in the composition of the crew on the crew list.
i. to plan and to carry out the Vessel’s itinerary in such a manner so as to reach the port of call farthest away from the point at which the Vessel must be returned to the Shipowner (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 Vessel’s port of call shall lie at a distance not greater than forty (40) N.M. from the point at which the Vessel is to be redelivered to the Shipowner and that the Vessel shall be berthed at disembarkation port designated herein by 18.00 pm on the day prior to charter period end date.
j. to study and acquire a working knowledge of any printed matter pertaining the proper handling of the yacht and to the conditions in the cruising area which may be made available to him by the Shipowner.
IT IS HEREBY FURTHER AGREED by and between the parties hereto:
4. The Charterer assumes full responsibility for all crew and materials into account and shall care for the Vessel as his own following the rules of good seamanship and in compliance with the relevant statutory provisions and regulations at cruising area. The Charterer warrants that he possesses required license for skippering the Vessel or that he will be accompanied by a crew member as skipper who has required certification and that skipper and crew possess necessary navigational and nautical knowledge and experience to safely use the Vessel. This Agreement is entered into on the basis of the Charterer’s certification and competence in sailing, seamanship and navigation warrantied by him and in the event of any error, omission or misinterpretation in this respect being subsequently discovered, the Shipowner shall be entitled to terminate this Agreement forthwith and to retain all amounts payable by Charterer under the provisions of this Agreement.
5. The Shipowner (or his representatives) may require the Charterer and his crew to verify their competence in handling and navigating the yacht safely by actually operating the yacht at sea with the Shipowner or his representative aboard and any amount of time required for this proof of Charterer’s competence and seamanship will be considered part of the agreed charter period. In any event that the Charterer and/or his crew fail to satisfy the Shipowner in this respect, the Shipowner may appoint or arrange for a Skipper at Charterer’s expense for as many days as the Shipowner will consider necessary for the safety of the Vessel and her crew. Should that not be possible or in case the Charterer shall not agree thereto, the Shipowner may terminate this agreement as per clause
6. Prior to delivery of the vessel, Charterer shall thoroughly inspect her together with the Shipowner or his representative, using standardized inspection checklist (Delivery Statement - Inventory List), to ascertain proper condition of vessel and equipment as well as completeness of inventory, then both the seaworthiness of the vessel and suitability as offered shall be confirmed by Charterer’s signature, which shall be binding and any objections or claims made afterwards, not excluding latent defect, shall be disregarded. The time required to inspect and demonstrate the vessel to the Charterer for familiarisation purposes shall be part of the agreed charter period and free use of the Vessel will be granted to Charterer after he has signed the Delivery Statement - Inventory List. The Charterer cannot refuse to take delivery of the vessel for immaterial deviations or defects.
7. Once the Charterer has taken delivery of the Vessel, all expenditures accrued from using, maintaining (to the extent of maintenance that is a duty of the Charterer) and repairing the Vessel (to the extent that such repairs are not for normal wear and tear) including but not limited to port dues, water, fuel, lubricants and any other stores required, lost items replenishment, as well as the repair of any damage or failure that may occur while the vessel is in the Charterer’s responsibility shall be made by the Charterer on his expense, provided that the previously obtained the consent of the Shipowner for the technical suitability of the repair to be made. In the case of repairs of damages or failures resulting clearly from normal and natural wear, the Charterer shall previously obtain the Shipowner’s consent with regard to the cost and technical suitability of these repairs and the Charterer shall collect the pertinent receipts against which he shall be refunded by the Shipowner at the end of the charter. Any repairs necessary must be made by Charterer prior to redelivering the Vessel but if agreed the Shipowner may arrange repairs on Charterer's expense for a set flat fee.
8. If after delivery the Vessel shall at any time be disabled by breakdown of machinery which is of such nature and seriousness that prevents reasonable use of the vessel by the Charterer and the disablement has not been brought about by any act or default of the Charterer and the cause of disablement is not restored within eight (8) working hours following the time that written notice of disablement by Charterer has been received by Stakeholder, then Charterer can claim from Shipowner a pro rata refund of the charter fee for the period of disablement, or if mutually agreed a pro rata extension of the charter period corresponding with the period of disablement. Notice of disablement cannot be deemed to have been received by Stakeholder beyond office hours (09:00 am till 17.00 pm). If the Charterer wishes to invoke this clause he must give immediate written notice to the Stakeholder and any claim or complaint after 24-hours from the time of disablement or the end of the charter period, whichever occurs earlier, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
9. If any accident or damage occurs, the Charterer shall immediately report the event to the Shipowner and request from the nearest port Authority to ascertain the damage or accident and the circumstances in which it has been caused and to make a written record and statement about it.
10. Should any of the agreed payments not be received in cleared funds in due time, this Agreement shall be considered cancelled by Charterer. In any event of cancellation by Charterer, for any reason whatsoever, except as mentioned in Clause 2 (c) (iii), after signing this Agreement but prior to taking delivery of the vessel, the Shipowner shall be entitled to retain all advance payments made up to the date of cancellation, reserving the right to claim all other dues under provisions of this Agreement and may refund said amounts only if he succeeds in letting the Vessel to another Charterer for the same period and under the same conditions. In the event that the Charterer should elect to terminate the charter after taking delivery of the vessel and redeliver her prior to the charter period ending date, the Shipowner shall not be liable to the return of any proportional part of payments collected, reserving all of his rights under the provisions of this Agreement.
11. Notices are to be made in in writing, without undue delay, and the time of receipt of the notice by the Stakeholder shall govern. Charterer shall without undue delay notify on any event pertaining to, to damage or even suspicion of damage, grounding, accident, collision, theft, operating breakdown, disabling or seizure of the vessel or her equipment as well as for any foreseeable possibility of delay in re-delivery, cancellation, early termination or re-delivery at other port.
12. In cases of complaints, notice must be given to Stakeholder by written communication specifying the precise nature of the complaint within 24-hours of the event or occurrence and not after the charter period has ended. Any claim or complaint after such period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
13. Should the Vessel become an actual or constructive total loss before the charter commencement date period, then all amounts collected from Charterer under this Agreement shall be due for immediate reimbursement to Charterer. In any such event neither Shipowner nor Brokers are liable to ensure availability of a substitution vessel nor to indemnify the Charterer for consequential damage (as for example for travel and / or accommodation costs) incurred by Charterer under provisions of this Agreement.
14. In the context of this Agreement all persons permitted aboard the vessel by the Charterer during the charter period shall be deemed vicarious agents of the Charterer and their signature on charter documentation shall be binding to Charterer. The Broker (Island Sailing Limited) acts in good-faith and enter this Agreement as mediators only. Broker(s) and Stakeholder in this Agreement shall have no responsibility for any loss, damage or injury to the person or property of the Shipowner or Charterer or any of their guests, servants or agents, shall further be under no liability for any errors of judgement or description or otherwise, of whatsoever nature and however arising, and shall be under no further obligation, duty or responsibility to the Shipowner or the Charterer save as set out herein. Shipowner and Charterer shall jointly and severally indemnify the Broker(s) and Stakeholder against any liability to any Third Party (person, firm, company or authority) arising from introducing and executing this Charter. Stakeholder Istion Yachting Ltd has been authorized by Charterer and Broker to sign and execute on their behalf this charter agreement onsite and in the event of conflict between these Terms & Conditions and the ones on the charter agreement held with Charterer then the Terms & Conditions of the latter shall prevail and supersede. In the event of any dispute arising between the parties hereto with respect to this Agreement or anything herein contained the same shall be referred to two Arbitrators in Greece one to be appointed by each party, whose decision shall be final or to an Umpire to be appointed by such Arbitrators, if and when they shall disagree, the decision in such event of the Umpire to be final.
CORONAVIRUS (COVID-19)
For those customers who have paid in full, as per the payment schedule on their booking statement, should you not be able to take delivery of your chartered yacht at the departure destination due to government restrictions relating to COVID-19 (restrictions shall mean closed borders, official travel ban or obligatory quarantine) the following options apply:
1. You can reschedule without a fee for alternative dates in 2022/2023 subject to yacht availability for the same yacht/base from the same owner/operator. Your payment will be transferred to the re-scheduled booking.
2. If you haven’t decided on your dates to reschedule, you will receive a credit for the amount paid which you can use towards a future charter for departure in 2022/2023 subject to yacht availability from the same yacht/base from the same owner/operator.
3. When rescheduling, new dates will be subject to current pricing at that time. You will have to pay the difference if the booking is more expensive and there will not be a refund if the booking is less expensive.
The following cases are not considered Covid-19 restrictions and we will apply our normal cancellation policy:
- Clients’ unwillingness to undertake mandatory Covid-19 test to enter the country.
- Clients’ general uncertainty regarding travelling.
- Changes to Clients’ independent travel arrangements including changes or cancellation of flights, crossings, transfers.
CANCELLATION DUE TO DIAGNOSIS WITH COVID 19 In case of cancellation due to diagnosis of COVID 19 before embarkation, no vouchers or refund is accepted. Our general cancellation policy will be valid in this case. More than ever, it’s really important that all travellers obtain relevant and adequate travel insurance and keep up to date with all relevant travel guidance.
For the avoidance of doubt, if your charter is affected due to COVID-19 related issues no refunds will be made.