Dansailing acts as an intermediary between you (charterer, client) and our partners (the charter companies, lessors). The General charter terms and conditions of each booking will be determined by the charter company at which you book and will be sent to you by email before booking. We present below a summary of the most common general conditions for information purposes.
1. SUSPENSIVE CONDITION: The validity of the contract is subject, as a precedent condition, to the payment by the charterer of the agreed charter price and extras. Therefore, a booking is not confirmed until the first payment is confirmed.
2. PAYMENT SCHEDULE:
A- 50% of the charter fee to confirm booking
B- The rest of the amount must be paid within 40-50 days prior to boarding. Failure to comply with this payment will result in the cancellation of the contract, with the amount delivered as a reservation remaining as compensation in favour of the charter company.
3. SECURITY DEPOSIT:
On the day of embarkation, the charterer must provide to the charter company a security deposit. This deposit covers all breakdowns, cancellations, damages, delays in handling the vessel back, thefts, differences in inventory and equipment , indemnities, misuse, negligence and penalties of any kind agreed upon in the contract or that may arise as a result of compliance with it and all conditions set in the lease contract as prejudices and penalizations. Once check-out is done and all the contract conditions are fulfilled, the deposit will be returned to the client within a period of fifteen to fifty working days from the date of the return of the vessel. In case of rentals with skipper, there is not needed for providing a security deposit or a deposit insurance is mandatory depending on the destination. All this without prejudice to the legal actions that were appropriate to claim those amounts that exceeded the amount of the deposit.
In the event there are discrepancies between the parties on the conditions of return of the vessel and inventory assets, the deposit will be returned at the time of termination of the dispute arising. The actual amount of security deposit for the type of vessel chartered will be stated at our website and booking document.
Customers accept the policy of cancellation and non-presentation of the charter company at which they book. It is highly recommended to hire a travel and cancellation insurance when making a booking.
For information purposes;
– If the Charterer, who has made a reservation, makes a cancellation more than 90 days prior to embarkation, the charter company has the right to the retention of 50% of the charter fee.
– If cancellation occurs 90 days or less before embarkation, the charter company has the right to the retention of the 100% of the charter fee.
Prior to the delivery of the vessel, inventory or check-in list, in which are reported all the supplies, materials, particularities of each vessel, is realized, giving the proof of its correctness. The charterer approves existence of the material and boat’s conditions by signing the mentioned document. If the client refuses to sign such a list, the charter company may terminate the contract, keeping the amounts paid by the client by way of prejudice.
6. FAILURE TO DELIVER:
In cases of breakdowns or for any cause beyond the control of the charter company, produced prior to the beginning or during the same charter, where it is not possible to deliver the leased vessel, a vessel of the same or similar characteristics will be delivered.
7. RETURN OF THE VESSEL:
The vessel must be delivered at the time and place determined in the particular conditions of your booking and contract with the charter company. At the time of the return, the check-out will take place between the parties, an inspection of the yacht’s condition as well as of the state and integrity of its inventory with the help of the check-out document which shall be signed by both parties.
In the event that the charterer fails to return the vessel at the agreed time and place, it must pay to the charter company, in concept of damages, an amount that can be the double of the daily rental price. Weather conditions shall not be the reason of delay in handling the yacht back to the port.
The vessel must be returned in identical conditions of operation, equipment and inventory at the beginning of the charter.
8. EXPENSES: All expenses of the Vessel use (supplies, fuel, harbour taxes, indemnity, food, cleaning and similar) should be paid by the Charterer. This also refers to the obligations which may arise from the Vessel use, and which may become due after the expiration of this Contract.
9. SAILING TERMS:
In case of the bareboat charter, the client declares to know and comply with the legislation and regulations of the country of destination. The Charterer undertakes to be in possession of valid sailing licenses (and, if applicable in the country of berth location of the Vessel, a VHF certificate) or he is obliged to leave the sailing of the Vessel to a crewmember that has the relevant permit or license. The Charterer guarantees his nautical knowledge and competence in sailing, both his own and the qualification of his crew, as well as his ability to operate the Vessel safely without regard of weather conditions or any other circumstances, taking over full responsibility for rational exploitation of the Vessel and her equipment.
If the lessor comes to conclusion that the skipper or at least one member of his crew do not possess appropriate and necessary knowledge and nautical competence, the lessor may make a breach of this Contract any time without being obliged to reimburse any paid amount or, in accordance with the established competence, he may determine the limits of sailing for the duration of this Contract. If required for safety reasons, the lessor is allowed to require the Charterer and the crew to return the Vessel to the base or instruct them to moor on a specific location.
If the documentation presented does not qualify for the government of the vessel or does not accredit sufficient and necessary competence, an attempt would be made to provide a professional skipper at the client’s expense or the contract would be automatically terminated, with the amounts paid up to date, in concept of damages, in the power of the lessor.
The client expressly exonerates Dansailing from any liability arising from a personal breach -the client or its crew- of the legislation or regulations of the country or countries of destination that may result in the legal impossibility of the use and/or government of the leased vessel. Especially, the client exonerates Dansailing of any expenses or inconvenience that may have caused this event in the country of destination.
10. SAILING AREA: The sailing area will be the one stipulated in the particular conditions of the contract between the client and the charter company, also limited to the attributions granted by the title of the skipper. The charterer will not be able to sail through any area other than the one indicated. Failure to comply with said obligation will entail the automatic rescission of the contract with the loss of the amounts delivered for that purpose and all this regardless of the payment of the expenses and liabilities that may derive from said misuse.
11. CONDITIONS OF USE:
The charterer is responsible for all acts of the persons in the crew list. The maximum capacity of the vessel may not exceed in any case. The Charterer is obliged to provide name, surname, date of birth, place of birth, address and passport number of all crew members on time.
It is strictly forbidden to use the vessel for the transport of goods, travellers other than those indicated in the previous point, the shipment of weapons, animals, narcotics or any toxic or dangerous substance.
The charterer is obliged to use the vessel exclusively as a tourist or recreational charter so that in no case can it be used for commercial operations, professional fishing, transport, sports competitions and any other.
The charterer as sole responsibility for the vessel. During the charter will make use of it responsibly, complying with the rules of the authorities with powers to the effect, being solely and exclusively responsible for the consequences that will result from the breach of them.
The charter company is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the Vessel for the Charterer and members of his crew, as well as for possible passengers, or for the third party caused by the Charterer or members of his crew for the duration of this Contract.
In case of any other unexpected incident, damage or failure, navigational offence or accident the Charterer is obliged to report it, both to authorized government bodies and the charter company, in the quickest and the most appropriate way and to follow their instructions which are in accordance with operations of a good navigator.
12. SUBCONTRACTING: Subcontracting or sub-leasing is absolutely forbidden. The charterer is obligated to use the vessel only for himself, his family, friends or his own staff. Transport of goods, paying passengers, commercial fishing, regattas or other activities not considered as recreational navigation are forbidden.
13. PERSONAL PROPERTY OF THE PASSENGERS DURING THE CONTRACT: The lessor is not responsible for any damage or loss that may occur in the personal property of passengers that may occur during the term of the lease.
Any claim that the tenant wishes to make must be made in writing at the time of the return of the vessel and end of the contract at the base. They must be signed by the lessor and the client. If it is not possible to do so in writing at that time, it will be notified verbally and will have a period of four days to submit the complaint in writing.
In the event of possible disputes between the client and the lessor, before, during or after the charter, Dansailing will make its best efforts to help the customer and protect their interests as much as possible. Also, in case the lessor does not fulfil any of its obligations to the client, Dansailing will support and assist the client as much as possible.
In extreme and very rare cases in which the lessor fails completely to fulfil his obligations (for example, the declaration of bankruptcy, the loss of the vessels or similar), Dansailing will put more effort into helping the client find a better possible alternative solution with the minimum cost/loss for the client.
The customer acknowledges that by making a reservation through our agency, Dansailing will not be responsible for paying the customer any refund or loss caused by breach of obligations of the lessor. Once Dansailing has received the corresponding payments from the customer and made the corresponding payments to the lessor for the booking of the vessel. Even so, Dansailing will assist and help the charterer in the process of obtaining the corresponding reimbursements from the lessor and protecting the interests of the client.
15.ARBITRRATION&LAW: The parties will endeavor to resolve any conflict peacefully. If arbitration or court proceedings are required, the place of jurisdiction is the berth place of the Vessel. For any disputes between the Charterer and the Charter Company, the law of charter company’s country of residence shall apply.