BASIC TERMS AND CONCEPTS
The parties agreed to use the following terms within the framework of this agreement:
- Member of the crew of the yacht – all persons who directly take part in the journey on a yacht.
- Participant – a person on the part of the Customer, for whom the Customer orders a reservation of a place on the yacht. The number of participants (including the Customer) is indicated in Appendix 1 “Route details”.
The place on the yacht is a berth in a double cabin, unless otherwise specified.
- The receiving party is a representative of the charter company or the captain of the yacht, who meets the Customer in the marina, from where the route will start, and which shows the Customer the exact location of the yacht.
- The security deposit is the amount that all crew members in equal parts contribute to the charter company to save for the duration of the trip. If during the trip the yacht, its equipment or other material values that are on the yacht and belong to a charter company, suffered damage, the amount of this damage is covered by the security deposit. The amount of the security deposit minus the covered damage is returned to the crew and is divided between the crew members in equal shares.
- Charter company – a legal entity that provides a yacht for rent during the trip.
- The captain of the yacht is the individual responsible for managing the yacht. The captain is responsible for passing the route, the safety of the crew, the yacht.
1. THE SUBJECT OF THE AGREEMENT
The Customer charges and pays for, and the Contractor undertakes to provide the Contractor with the following services within the period specified in the Agreement:
– Consultations on the selection of the yacht route in accordance with the wishes of the Customer.
– Book a place for the customer on the yacht.
– Include the Customer and the persons indicated by him in the list of yacht crew members.
– To familiarize the Customer and future crew members with the rules of conduct and etiquette on the yacht, the main risk factors during the yacht trip
Details of the yacht route are given in Appendix 1 “Route details”.
2. COST OF SERVICES AND CALCULATION PROCEDURE
2.1. The cost of services and the schedule of payments are defined in Appendix 2 “Cost and details of payment”.
2.2. Payment for services is made by transfer of funds by the Customer to the Contractor’s bank account, which is specified in Appendix 2 “Cost and Payment Details”.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Contractor must
3.1.1. Provide advice on the selection of the yacht route, provide the Customer with detailed information about the selected yacht route, point and time of launch, as well as contact information of the Receiving Party.
3.1.2. Book for the Customer places on the yacht in the amount specified in Annex 1 “Route details”.
3.1.3. To include the Customer and Participants in the crew list and to Transfer to the Customer documents confirming the inclusion of Participants in the crew list. The list of Participants shall be sent by the Customer to the Contractor separately (in the quantity that corresponds to the “Number of participants” in Appendix 1 “Route details”) not later than 30 days before the start of the journey when booking more than 30 days or within 3 days when booking less than 30 days.
3.1.4. Issue to the Customer invoices for payment of services in accordance with the contract.
3.1.5. To make a yacht trip on the agreed route.
3.2. The customer must
3.2.1. In a timely manner and in full, provide the Contractor with all the data necessary for the Participants in the list of the crew of the yacht.
3.2.2. Pay for the services of the Contractor in accordance with Appendix 2 “The cost and details of payment.”
3.2.3. Read the Rules of Conduct on a Yacht (Appendix 4 to the Treaty), adhere to them throughout the entire journey, and also familiarize all Participants with them. The customer is directly responsible for compliance with the Rules of Conduct on the yacht of all Participants.
3.2.4. Carefully listen to the instructions of the captain about the safety of staying on the yacht, to follow the receipt of instructions to all participants, to comply with safety and fire safety requirements.
3.2.5. To have medical insurance with you, as well as to ensure that all Participants have medical insurance.
3.2.6. If necessary (at the direction of the Captain), assist in managing and ensuring the safety of the yacht (keep watch, take moorings, raise the anchor, monitor the sides during mooring, etc.)
3.2.7. Before boarding a yacht, collect a security deposit from all participants and transfer along with your unit through the Captain or in person to the Charter Company)
3.2.8. Provide their own food and nutrition Captain on a yacht during the yacht journey. The captain is not involved in the purchase of products on the yacht. The customer is not obliged to feed the captain in restaurants, but may invite at his discretion.
3.2.9. Adhere to the rules of conduct, respect the traditions and religious beliefs of the host country. If necessary, make the necessary vaccinations.
3.2.10. Notify Captain about the existence of diseases, medical contraindications, allergies and dietary habits (vegetarians, dairy-free, gluten-free, halal, etc.) of theirs and others.
3.3. The Contractor has the right
3.3.1. To cancel reservation of seats in case the payment has not been received or has not been fully received within the period specified in the Agreement.
3.3.2. Use the personal data provided by the Customer for inclusion in the crew list as well as for informing about new offers in the future.
3.4. The customer has the right to
3.4.1. To obtain complete information about the rules of conduct on the yacht, the main risk factors.
3.4.2. Cancel the booking and terminate the contract. The amount of return made by the Customer earlier funds depends on the time of refusal:
- during one day after signing contract – 100%;
- more than 60 days before start – 50% of paid amount;
- from 30 to 60 days before start – 30% of paid amount;
- less than 30 days before start – 0% of paid amount.
3.4.3. To refund the amount of the insurance deposit (or part thereof) upon completion of the yacht trip. If during the trip the yacht, equipment or property on the yacht, which is owned by the Charter Company, was damaged, then the amount of damage is deducted from the deposit by the Charter Company, the rest is returned to the crew and is divided in equal shares.
4. RESPONSIBILITY OF THE PARTIES
4.1. If it is impossible to provide the Customer with reserved seats on the yacht specified in the Agreement, the Contractor has the right to reserve seats on such a yacht. In the absence of such yachts (in size, number of cabins, approximately the year of construction), the Contractor under an additional agreement with the Customer, reserves a place on a yacht of another class.
If the cost of a seat for rebooking is less than the amount paid by the customer (a lower class yacht), the Contractor shall compensate the Customer for the cost difference.
If the cost of space when replacing the yacht increases (the yacht is larger than the class), the Customer undertakes to pay the difference in cost.
4.2. In case of impossibility of delivery of the yacht in time to the agreed date and starting point, the Contractor shall compensate the Customer for the relevant part of the cost of space on the yacht in proportion to the delay time of the yacht or the period of its replacement. For example, if the yacht is ordered for 7 days, and the yacht is delayed for 1 day, the Contractor compensates 1/7 of the cost.
4.3. Clauses 4.1. and 4.2. do not apply in case of force majeure, as well as if, by decision of the Captain, the yacht cannot go to sea due to weather conditions.
4.4. The Contractor is not responsible for:
- Loss by the Customer (as well as the Participant) of travel and insurance documents, as well as any documents necessary for crossing borders, arriving at the starting point of the trip and participating in a yacht trip.
- Late Customer and Participant to the yacht to the starting point of the route. If the Customer or one or several participants are late for the start of the journey, they catch up with the boat at any of the stops along the route.
- Problems that may arise for the Customer (Participant) with border and other government agencies.
- The impossibility of departure or crossing the border by the Customer (Participant) due to improper paperwork, the lack of necessary visas, expired passport, the lack of the required number of pages in it, as well as if for other reasons the border was denied by state authorities or by a local government.
- If, as a result of any reasons beyond the control of the Contractor, the Customer (or the Participant) did not voluntarily use all or part of the paid services.
In all these cases, booking a seat on a yacht is meant to be canceled due to the fault of the Customer (Participant) and is not compensable.
4.5. The contractor is not responsible for changes in the route, adopted by the captain for weather reasons and for security reasons.
4.6. The customer (Participant) is not liable for the security deposit if the damage was caused due to the captain’s violation of the International Rules for Preventing Collisions of Vessels (MPSSS72) or incorrect routing. In this case, the responsibility is the Captain, and the costs of the deposit are compensated by the Contractor up to one month after the completion of the yacht trip.
4.7. The Contractor shall not be liable with the case of the disease or the occurrence of any health problems of the Customer (Participant).
4.8. All disputes that may arise within the framework of this agreement, the parties will solve the negotiations. If it is impossible for the Parties to reach a general decision through negotiations, such a dispute shall be resolved in court in accordance with the laws of Estonia.
5. FORCE MAJEURE
5.1. None of the Parties to the Treaty shall be liable to the other Party for failure to fulfill obligations, if this happened for reasons that occurred independence from the will and will of the Parties, and which could not be foreseen or avoided. Including declared or actual war, public unrest, strikes, epidemics, earthquakes, floods, fires and other natural disasters.
5.2. A party that cannot fulfill its obligations due to force majeure should immediately inform the other Party as soon as possible about the impossibility of fulfilling the obligations and the reason.
6. OTHER CONDITIONS
6.1. This Agreement comes into effect after it is signed by the Parties or after the Customer has read the text of the Agreement and the Contractor subsequently receives consent from the Customer in clear wording via e-mail (from the address specified in the Customer’s contacts in this agreement).
6.2. This agreement is valid until the Parties fulfill their obligations.
6.3. Contract validity may be terminated early by mutual agreement of the Parties.
6.4. Applications 1 “Route details”, Appendix 2 “Cost and details of payment”, Appendix 3 “Terms of refund if the contract is terminated” and Appendix 4 “Rules of conduct on a yacht” are integral parts of this Agreement.
6.5. The contract can be drawn up in two types. Option 1 – the contract is drawn up in print in two copies and signed by the two parties, one for each of the parties. Each of the copies has the same legal force. Option 2 – the contract is drawn up in electronic form, sent by the Contractor by e-mail to the Customer, and is considered to be signed by the parties after receiving written consent by e-mail from the Customer’s address specified in this agreement.
Both options are equally valid.
Appendix 4. Rules of conduct on the yacht
1. During a yacht trip on board a yacht, crew members must adhere to the instructions of the Captain. His teams are not negotiated. This condition is mandatory and necessary to ensure maximum safety of navigation. If there are claims to the Captain, they are negotiated only ashore, when the yacht is securely moored.
2. For gross violation of safety regulations, failure to comply with the instructions of the Captain, the captain has the right not to go to sea and write off a crew member on the shore during the first mooring of the yacht. The cost of the trip in this case is not compensated.
3. The use of drugs is prohibited on board the yacht.
4. All members of the crew of the yacht must adhere to the rules of fire safety. Smoking inside the yacht (in the cabin) is prohibited. When smoking on deck – be sure to clarify the allowed place for smoking with the captain.
5. All items that are used to control the yacht (handles ice, binoculars, compass, etc.) – must remain in place.
6. Behavior on a yacht should not cause concern, threaten safety or harm other crew members, third parties or their property.
7. When parking in the marina next to other yachts, it is necessary to adhere to yacht etiquette, information about which will be provided by the Captain.
8. To stay on a yacht use special shoes, which is different from the shoes used on the beach. Yacht shoes should sit firmly on their feet, have non-slip and non-marking soles, protect toes.
9. It is forbidden to throw garbage overboard, including cigarette butts.
10. It is forbidden to throw paper and other hygiene products on board the yacht into the toilet. Only that which passed “through you.” There is a rule of the sea – whoever scored the toilet, he cleans it. Or – compensates for cleaning with their own funds.
11. When mooring a yacht it is necessary to adhere to silence in order to make it easier to hear the instructions of the Captain. Also – do not block the Captain’s review.
12. It is forbidden to turn on and switch devices on the yacht, without specifying their purpose from the Captain and without the consent or command of the Captain.
13. When moving the yacht under sail with a roll, it is forbidden to go on deck without the permission of the Captain.
14. Working with ropes, it is advisable to use yacht gloves. And in no case can not wind the rope on the hand or another part of the body.