By using this website, you agree to our terms and conditions of use as set out below.
From your (hereinafter -Charterer’s) side, the booking intention is confirmed when advance payment is paid by the Charterer. From theA 10101 Limited (hereinafter – Agent’s) side, the booking will be confirmed when the full amount of advance payment lands on its account and Booking confirmation is issued to the Charterer.
The Charterer must be over the age of 18 years and confirm that he/she and/or the crew members are capable and competent to sail the Yacht in the cruising area of the Yacht.
1. Payment
After the Yacht charter reservation has been agreed, which will be effective in writing only, the payment is to be done according to the following calculation:
– 50% for advance payment at the time of Yacht reservation;
– 50% of balance not later than 1 month prior to Yacht charter;
– 100 % of balance advance payment is required if the charter is booked less than 1 month before the start of the Сharter.
All payments have to be done according to payment instructions listed in the Pro-forma Invoice which the Agent has sent either to Charterer. The Yacht can be taken over only after the complete amount for Yacht charter and all contracted extra services have been fully settled. If either advance payment or balance payment has not been fully settled until above stated deadlines, the Agent shall be entitled to cancel the Yacht’s booking without any refunds to the Charterer.
Yacht charter fee shall not include additional services such as food and beverages, fuel, costs for marina’s services and moorings, harbor dues, taxes, entrance tickets to parks, or any other additional services other than those explicitly stated as included in Yacht’s equipment list. The Charterer shall be responsible for all such operating costs for the entire Charter Period for himself and his Guests.
All financial arrangements, Сharter terms, list of extras and their costs, as well as all other conditions related to the charter will be reflected in a separately negotiated Charter Agreement concluded by the parties.
2. Additional services – Extras
Additional services and extra equipment for which an extra payment shall be done (hereinafter: Extras) in accordance with the effective price list (e.g. auxiliary engine, one-way options, transfers, gennaker, captain, etc.) should be requested by Charterer and agreed prior to booking confirmation. The Charterer may ask for the addition of certain Extras even after the booking confirmation, and the Agent will undertake reasonable effort to provide the newly requested Extras to the satisfaction of the Charterer, and will inform the Charterer if it is possible to upgrade the booking with requested new Extras or not. Agent acknowledges that the Agent is not obliged to provide newly requested Extras at that point in time. At the latest, all Extras must be confirmed by both sides in writing not later than 10 days prior to the beginning of the charter date.
3. Formalities
Once the following formalities have been completed the Charterer is in possession of the Yacht, for the agreed dates.
- a) Full payment of the Charter.
- b) Submission of Crew list and arrival details (no later than 1 week prior to charter) if the crew is provided by the Charterer.
- c) Submission of Sailing Certificate and Experience Report – at the time of booking if the crew is provided by the Charterer.
- d) Refundable or non-refundable Yacht Security Deposit is received by the Agent.
4. Obligations of Agent
The Agent will provide a navigable Yacht equipped pursuant to the laws and regulations in force of the flag and registration of the Yacht at a specified start time. The Agent will issue the boat papers specifying the navigation area, period authorized and area/boat covered by insurance. Should the specified Yacht not be available, the Agent reserves the right to substitute with a similar Yacht. In the event of the Yacht being cheaper/smaller, the Agent will refund the price difference or alternatively you may elect to cancel the charter with a full refund. The Charterer shall be entitled to a pro-rata portion of the charter fees covering periods of delay in delivery of the Yacht. Alternative accommodation will be arranged and paid for by Agent whilst the Yacht is delayed.
5. Competence of Charterer
Should Agent discover that the Charterer is not competent to handle a Yacht, Agent reserves the right to terminate these terms forthwith with no refund of Charter fees or, if available, employ a Captain for an additional charge. The Charterer acknowledges that the Agent does not independently investigate the competency of any Charterer to sail, but relies solely on the information provided (Sailing Certificate or Experience Report). The Charterer agrees not to sail the Yacht single-handed and to ensure at all times a competent Captain (over 18 years of age) and leading crew member are aboard except while safely moored. Agent reserves the right to terminate the arrangement without liability if the Charterer’s behavior (in Agent’s reasonable opinion) is causing distress, damage, danger, or annoyance to the crew, other customers, staff, any third party, and property Agent shall not be liable for any costs incurred.
If the crew is provided by the Agent, the terms of this paragraph do not apply.
6. Captain’s authority
If the crew is provided by the Agent, the Agent shall ensure that the Captain shows the same consideration to the Charter as if the Charter were the Owner of the Yacht. The Captain shall comply with all reasonable orders given to him by the Charterer regarding the handling, operation, and movement of the Yacht if the wind, weather, and other circumstances permit. The Captain shall not, however, be bound by any order which in the reasonable opinion of the Captain would cause the Yacht to be moved to any port or place which is not safe and suitable for her occupancy or would cause the charter to be unable to return the Yacht at the expiration of the terms.
In addition, if the Charterer fails to comply with the terms of this terms or with the security, then without prejudice to any other remedy of the Agent if, in the reasonable opinion of the Captain, the Charterer or any of its guests fail to comply with any of the provisions of this terms and security and if such noncompliance continues after the Captain has given the due and specific warning to the Charterer to that effect, the Captain shall inform the Agent, and the Agent may immediately terminate the charter or direct the Captain to return the Yacht to port and upon such return, the term of the charter shall be terminated. The Charterer and his guests must disembark, and the Charterer shall not be entitled to a refund of any part of the Charter Fee.
7. Obligations of the Charterer
Should the Charterer not be present at the specified date/time due to whatever reason, Agent reserves the right to reset the time of delivery within a 24-hour period thereafter. The Charterer must examine the Yacht prior to departure to determine whether the Yacht and dinghy are in good working order and are properly outfitted with all standard safety equipment and accessories as well as any other requested items (inventory). Acceptance by the Charterer certifies that the Agent has fulfilled its obligations. Agent strictly prohibits the use or consumption of illegal drugs on board. The Agent shall not be held liable for claims resulting in property damage arising from or related to the consumption of alcohol or drugs.
8. Use of the Yacht
The Charterer agrees to take on board the number of Passengers stated on the Crew list (this must not exceed the maximum number that the Yacht is licensed for). The Yacht is only to be used for pleasure. Racing is not permitted except for pre-booked events when specific conditions apply. The Yacht shall not transport merchandise, engage in trade, nor in any way violate the laws of any other government within the jurisdiction. Rafting to another Yacht at anchor is strictly prohibited. Night sailing (between 30 min before sunset and 30 min after sunrise) is not permitted. The Charterer agrees to restrict the use of the Yacht to the ‘cruising area’. It is the responsibility of the Charterer to observe the laws of any country the Charterer visits and to report the arrival and departure of the Yacht to the harbormaster. Animals are not allowed on any of our Yachts.
9. Delivery and redelivery of the Yacht
At the beginning of the charter period, the Agent shall deliver the Yacht to the port of delivery and the Charterer shall take delivery of the Yacht in full commission and working order, seaworthy, clean, in good condition throughout with tanks filled and ready for service and with all equipment required. The Charterer shall inspect the Yacht before beginning the charter and must immediately notify the Captain and subsequently the Agent in writing if there is any complaint or visible defect as to the condition, equipment or accommodations of the Yacht.
The Charterer agrees to return the Yacht fully equipped, clean, refueled and in the same condition as first delivered. The Charterer should allow sufficient time to make this re-delivery taking into account prevailing weather conditions. Should the Charterer be delayed, the Agent needs to be informed immediately. Otherwise Agent has the right to: a) Charge a pro rata fee for the time the delivery is delayed plus 25% for any loss that the Agent or the Yacht Owner may sustain due to the delayed delivery. b) Charge for all expenses involved in returning the Yacht to the originally agreed port (should the Yacht be left at any other location).
10. Insurance
Yacht Owner is covered by a standard marine Yacht policy against direct physical loss to the Yacht, bodily injury, property damage and civil liability. Said insurance is subject to specified deductibles for which the Charterer is responsible. The Charterer and crew remain responsible for loss or damage from negligent or willful misuse of the Yacht or failing to adhere to the Agent briefing or onboard instructions. A supplementary insurance for cancellation is recommended. In addition, the Charterer is encouraged to review his current health and liability insurance to ensure proper coverage during the period of his charter.
11. Yacht Security Deposit
Before taking over the Yacht, the Charterer must give a security deposit (hereinafter: Deposit) in the amount according to the valid price list of the Agent. The Deposit may be given either in cash or with one of the credit cards accepted by the Agent. After the completion of the Yacht charter the whole Deposit shall be repaid to the Charterer, unless some Yacht damages or loss of equipment have occurred, or unless the Charterer or its crew have not acted in accordance with these Terms. However, if the damages or breach of these Terms have occurred, then Deposit will be retained partly or fully, depending on size of the Damage or breach:
– In case of a larger damage or breach, the Deposit shall be kept in full and Charterer has no right for refund.
– In case of a smaller damage or breach, Agent will keep the amount needed for the repairs and purchase of damaged or lost equipment, covering of intervention costs, plus 100 EUR of handling costs, while the rest of the Deposit shall be refunded to Charterer.
– In case if the Yacht will not be capable of going to the next charter due to the incurred damages, the full Deposit shall be taken, due to the fact that the Agent shall have expenses related to remunerating the next Charterer.
Paying a deposit is obligatory also in cases when a Charterer hires a professional Captain from an Agent. In such a case the Deposit cannot be used for covering the costs which emerged due to Captain’s negligence, bad operation of the Yacht or its equipment.
In case if the damage has happened due to gross negligence of the Charterer, or behaviors such as sailing under influence of alcohol or illegal drugs, sailing single-handed or sailing at forbidden times or outside of approved areas, or participating in regattas without written approval of Agent, or similar serious breaches of these Terms, the Charterer shall be liable even beyond the amount of the Deposit, including expenses connected to repairs and remunerations for lost charter income in the next weeks. In such cases the Charterer is liable to cover those expenses without delay, and latest within 30 days from the end of the charter period.
In case of lost equipment such as a dinghy, outboard engine or similar, the Charterer is liable to the Agent for the full price of the lost items. These must be paid to the Agent within 7 days from the end of the charter period.
12. Accidental Damage
In the event of damages, collisions and loss of equipment, the Charterer must take all reasonable steps to minimize further loss. The incident must be reported immediately to Agent The charterer must promptly report the incident to the local Authorities of any damage or loss to people or other property. In the case of an emergency (i.e. a situation that is likely to cause injury or damage to the Yacht) then the Charterer should contact the Agent base and agree on the price to be paid for a tow. Failure to comply with these terms may void the insurance coverage and the Yacht security deposit.
If the Charterer or any of his Guests shall commit any offense 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, seized or fined, then the Charterer shall indemnify the Agent and Owner against all loss, damage and/or expenses incurred by the Owner or Agent as a result. Thereafter and by written notice served on the Charterer, the Agent may terminate these terms forthwith. Charterer shall be liable for fines, penalties, damages and/or forfeitures as a result of negligence or intentional acts of Charterer, guests or invitees. In addition, the Charterer shall indemnify, hold harmless and defend Owner and Agent for such acts.
The use, transport or possession of illegal drugs or of any other contraband or the participation in any other unlawful activity, such as the transport of illegal aliens, is strictly prohibited. The participation in any of these activities by the Charterer or his guests constitutes a breach of the Charter and shall be cause for immediate termination of the Charter without refund of Charter Fee and any additional payments made by Charterer.
It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly firearms) is strictly prohibited on board the Yacht and failure to comply shall be sufficient reason for the Agent or Captain to terminate the Charter forthwith without refund to the Charterer or recourse against the Owner.
It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly firearms) is strictly prohibited on board the Yacht and failure to comply shall be sufficient reason for the Owner to terminate the Charter forthwith without refund or recourse against the Owner.
13. Complaint Procedures
The Charterer must notify the Agent about any visible damage to the Yacht prior to embarkation. The Charterer must immediately notify the Agent base of any shortcomings, problems or deficiencies during the charter so that remedial action can be taken. If the complaint cannot be resolved locally, the complaint should be given in writing within 14 days following the end of the holiday. Agent will reply within 28 days. Under no circumstances will the level of compensation exceed the charter fee paid to the Agent. Any dispute arising from this complaint that cannot be resolved to the satisfaction of both parties will then be referred to arbitration.
14. Changes
In the unforeseen event that the Yacht should not be available for your charter on the date agreed, i.e. due to damage by the previous Charterer, Agent will provide reasonable accommodation ashore excluding meals until the Yacht is either repaired or becomes available. In the event that the Agent has to cancel the booked charter within the 10 week final payment period an alternative Yacht will be offered of equal or higher standard (if available) or a full refund will be given. There will be no compensation paid in case of Force Majeure.
15. Cancellation by Charterer
Should the charter of the booked Yacht be canceled by Charterer, whatever the reasons may be, the Charterer shall be liable to inform the Agent per email about the cancellation without delay. Charterer shall be charged for the cancellation in the amount of:
– up to 50% of the full accommodation rate if the cancellation has been done up to 15 calendar days prior to the starting date of accommodation
– up to 100% of the full accommodation rate if the cancellation has been done less than 15 calendar days prior to the starting date of accommodation,
The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges. Exceptionally, should a cancellation of the Yacht charter booking be done owing to the Act of God, i.e. objective serious reasons stated and proven by Charterer (death in the near family, serious sudden health condition, a serious accident, etc.), the Agent may allow the Charterer to use the already paid amount as a pre-payment for the next booking within one year period.
In this category of cancellations are also the situations when the Charterer does not come for the check-in (non-show-up case), or when the Charterer leaves the Yacht prior to the contracted check-out time (early abandon case) – in all such cases the 100% cancellation fee applies and Charterer does not have a right for any refund.
16. Cancellations by Agent
Should the booking be canceled by Agent, then Agent will offer to Charterer: a) reservation of another Yacht, from its own fleet or from another fleet, of similar size and with similar features, if possible. If the new Yacht is cheaper than the original Agent will also refund the price difference as per valid price lists of both Yachts, applying the same discounts which were approved to Charterer for the original booking. Generally, in case of switching to another Yacht, these Terms apply to the new Yacht accordingly. Or
- b) full refund of all amounts that Agent has received from Charterer for the Yacht. Charterer acknowledges that in case when severe damages of the Yacht have occurred during the previous charters, or due to events such as acts of God, Agent is objectively not guilty for this, and thus Charterer shall aim to be cooperative towards finding appropriate alternative solutions under the given circumstances.
17. Captain
No sailing experience is required if you book a Captain for the whole duration of your charter. One of your berths must be allocated to your Captain. Food and refreshment for the Captain is the responsibility of the Charterer during the charter period.
18. Governing Law, Venue and other conditions
These terms will be governed by English Law and any disputes will be dealt with by the English courts. This document is to be returned signed to signify that Charterer personally agrees to the above conditions and on behalf of the crew Charterer personally agrees to the above conditions for myself and on behalf of all crew members.
These conditions may be unilaterally changed by the Agent at any time without any further notice or consent from the Charterer.
Additional conditions will be agreed by the parties in a separate Charter Agreement to be concluded by the parties.