Charter party contractual partners
The charter party is concluded between the Owner (owner or the administrator of the yacht by the authority of the Owner) and the Charterer (renter or lessee of the yacht), and may be concluded through the intermediary of MyEscape-Yacht.com (agent or broker of the yacht) if need be. By publishing the general conditions for boat rental on its web pages, the MyEscape-Yacht.com agency operating within the HARTIS limited company, makes them available for all parties included in the rental contract. In case of conflict between terms and condition stated below and the generic terms on the standardized charter party signed by all parties and stamped, by the Hellenic Port Authority, the second one should apply.
Charter price is the total amount to be charged the Charterer for the agreed duration of the charter. Charter price includes, the charter and equipment, all applicable taxes, yacht and passenger insurance, third party liability and crew insurance. Charter price depends on various parameters such as the type of yacht the period of booking the number of days or weeks of booking.
Charter price does not include additional charges (extra costs such as salaries for skipper, hostess, special equipment, yacht relocation costs etc) if requested form the Charterer. Additional charges are charges to be borne by the Charterer
Charter price does not also include special fees (transactional and any other arrangement and amendment fees that might be requested by the involved banks, charterer courier expenses, charterer communication costs etc) are charges to be borne by the Charterer.
Cost estimations of the charter price and additional charges are available on MyEscape-Yacht.com web site. Prior to an online booking the Charterer will be informed of the charter price and the additional charges (if requested). The Charterer, by proceeding with the online booking means that he has clearly read, understood and accepts to be charged with the charter price and the additional charges (if requested).
Additional chargeable services that might be requested after the charter party concluded are subject for a change request (amendment) and must be agreed by all parties involved. Amendments will probably incur additional charges and fees that may be levied by the Owner or MyEscape-Yacht.com.
MyEscape-Yacht.com reserves the right to vary prices and rates in the event of changes in exchange rates or price rises made by charter companies or other suppliers. If the cost of any service increases due to exchange rate fluctuations, price increases, tax changes or any other reason, you are required to pay the increase when notified by us or you may cancel the booking which may result in cancellation fees as defined below. We are not liable in any way if any increase occurs. All prices are subject to availability and can be withdrawn or varied without notice.
The payment process for an online booking is described in the below flow in high level only.
There are three steps of payment:
- online booking reservation fee engagement (not applicable in offline bookings)
- payment of first installment
- payment of balance
Security deposit and additional charges will be paid in time that will be agreed with the charterer, and definitely before the delivery of the yacht for the charter.
Online booking, reservation fees will be engaged through PayPal™ gateway. MyEscape-Yacht.com will not request or keep credit cards information for any reason.
For payment of first installment and balance, only transfers through Bank accounts or payment through online Banking platforms are allowed. The Bank account that will be used for payments should legitimately belong to the Charterer. MyEscape-Yacht.com will maintain a number of banking accounts for payment purposed. Transaction charges to be borne by the Charterer.
For additional charges and security deposit, transfer through Bank accounts or payment through online Banking platforms is preferred on an agreed date and definitely no later that the yacht delivery date. In exceptional cases and after agreement of all parties cash payment can be an option for additional charges and security deposit.
Amount to be paid in every step
The amount to be paid in every step is:
- online booking reservation fee will be defined individually per booking and can be a minimum amount of 300 euros up to a maximum amount equal to the first installment.
- Payment of first installment is equal to the 50% of the charter price.
- Payment of balance is equal to the 50% of the charter price.
- Online booking reservation fee will be engaged at the time of online booking. Right after the payment of the first installment the engagement will be released. However, for credit cards that pre approval and engagement is not technically feasible, the reservation fee will be charged and not engaged. In this case, release process remains the same and is right after the payment of the first installment.
- Unless otherwise stated in the charter party, payment of the first installment is due within three days of conclusion of the charter party.
- Unless otherwise stated in the charter party the payment of balance is due six weeks before the commencement of charter.
Payment must be received before the dead-lines indicated above.
Online booking reservation cancelation
In case of booking cancelation from the Charterer, the online reservation fee will be charged based on the following:
- Cancelation within 24 h from online booking: The Charterer will be charged only for the cancelation fees.
- Cancelation after 24 hours and within 3 days from online booking: The Charterer will be charged 50% of the reservation fee, plus cancelation fees.
- Cancelation in more than 3 days from online booking: The Charterer will be charged 100% of the reservation fee.
In case of booking cancelation from MyEscape-Yacht.com or from the Owner the on line reservation fee will be released without any charges been applied to the Charterer.
Other cancelation cases
In the event of cancellation of the charter by the Charterer, for any reason whatsoever (except as mentioned in Owner liabilities, if the Yacht is not delivered on the date and at the place mentioned on the Charter Party), after signing this Agreement, all advance payments made up to the date of cancellation will be retained. MyEscape-Yacht.com or the Owner reserves the right to refund the said deposits only if they succeed in letting the Yacht to another Charterer for the same period and under the same conditions. In the event that the Charterer should elect to terminate the charter and deliver the Yacht prior to the date designated in the Charter party, there is no liability to the return of any proportional part of the hire money.
In case of late payments (after the payments deadlines stated above) the booking is not guaranteed.
In emergencies the Owner may withdraw within 4 days of conclusion of the charter party. In such a case the Owner undertakes to repay to the Charterer without delay any monies already paid (if need be, through MyEscape-Yacht.com).
Off line Booking
Off line booking does not requires reservation fee engagement. The below flow describes in high level the off line booking process.
Voyage cancellation insurance
The Charterer is strongly recommended to take out a voyage cancellation costs insurance. We are pleased to send information about such insurance companies.
Obligations of the charter company
- The agreed yacht will be delivered to the Charterer in a clean, sailable, sea-worthy condition, and with full tanks.
- If the agreed yacht cannot be delivered at the date agreed in the charter party (e.g. because of an accident in the preceding charter etc) the Owner may deliver an equivalent yacht without prejudice to the warranty claims of the Charterer, as long as there are no defects in the replacement yacht.
The Charterer warrants and undertakes the following:
- to observe the principles of good seamanship.
- to possess a good command of seamanship and sufficient experience in the command of a yacht or to appoint a responsible skipper with such capabilities. If the Charterer or his skipper does not possess the necessary license or certificate of competence to skipper a yacht of the agreed class, the Owner reserves the right to refuse to hand over the yacht, retaining the charter price, or to appoint a skipper in the name of and for the account of the Charterer.
- to observe the laws of any country he might visit and to report the arrival and departure of the yacht to the harbor master.
- not to use the yacht for the purposes of business or trade, not to take on board any persons not being a member of his immediate group, not to hand over or hire the yacht to a third party without the written consent of the Owner and not to transport any hazardous goods or materials.
- not to leave the maritime region of the Owner without the prior written consent of the charter company.
- not to make any changes to the yacht or its equipment.
- to handle the yacht and its equipment with care, always to wear sailing shoes when on board, to maintain the log book in a simple form, prior to the commencement of charter to inform himself in detail about the area to be travelled, e.g. currents, and sea level changes during strong winds etc.
- not to leave the protective harbor if winds over 7 on the Beaufort scale are forecast.
- to return the yacht in proper working order, in an orderly condition with all equipment properly stowed and with full tanks; failure to do this will mean that the cost of filling the tanks and stowing equipment will be deducted from the deposit.
- to inform the Owner immediately by phone or telegraph in the event of damage, collision, average or other unusual events. To prepare a written account In the event of damage to the yacht or injury to persons, and to have this countersigned by the harbour-master or doctor.
- always to have the yacht towed by its own line in the event of average or similar events, and to make no agreement about towing or salvage.
- to check the condition of the yacht and check that all its equipment and items listed on the inventory are complete, both on taking over and returning the boat (the check list), and to confirm this by means of a signature.
- to report complaints concerning the yacht without delay to the yacht's base and to note these in the delivery or return documents. Claims notified at a later date cannot be taken into account.
- where applicable, to sign charter parties required by law or the charter company's own contract forms before taking over the yacht.
Repairs, engines and monitoring of the bilges
- Repairs costing over € 100 must have the approval of the charter company. The original of any part replaced must be retained. Payments for repairs necessary as a result of wear and tear will be reimbursed by the Owner on presentation of invoices accompanied by the corresponding receipt.
- The Charterer must check the level of the oil, the cooling water and the bilges each day. The Charterer must check the cooling water flow continuously during the charter. Damage due to the motor running dry are not insured under any circumstances, and is for the account of the Charterer. The motor must not be used when heeling under sail at over 10° as in such a case oil or water supplies to the engine do not function.
Cancellation by the Charterer or reduction of the charter price in the event of late delivery
- If the Owner fails to provide the yacht, or at least an equivalent replacement yacht at the time agreed in the charter party, the Charterer may withdraw from this charter party, but not before 24 hours from the commencement of the charter, and receive full reimbursement of all payments made under this charter party. If the charter period is two or more weeks, the minimum time before which the Charterer can withdraw is increased by 24 hours per additional week.
- All other claims for compensation by the Charterer are excluded, except in the case of intent and gross negligence by the charter company. If the Charterer does not withdraw from the charter, he may claim for reimbursement of the charter price pro rata for the time for which the Owner failed to hand over the yacht.
- Damage to the yacht and its equipment which does not prejudice its sea-worthiness and which allow the yacht to continue to be used in a reasonable manner shall not be grounds for withdrawal.
A reduction in the charter price in such a case is also excluded.
Charter company's liability
- The Owner shall only be liable towards the Charterer and his crew for loss or damage arising from intent or gross negligence on the part of the charter company, as well as for damages to life and health or personal injuries, resulting from negligent breach of duty by the Owner or from intentional or negligent breach of duty by a legal representative or assistant of the charter company.
- The Owner shall not be liable for loss or damage caused by inaccuracies, amendments, mistakes and defects in the ancillary nautical equipment provided, e.g. marine charts, handbooks, compass, radio direction finding equipment etc.
- Claims by the Charterer due to the inability of the yacht for use resulting from damage or total loss caused by the Charterer or a third party during the charter shall be excluded.
The boat must be insured for the responsibility of damage caused to third parties and by third parties up to the value of the boat (obligatory insurance). The boat must have the usual insurance in registered value of the boat for risks towards the insurance policy. The Charterer, the boat crew and their personal assets are not insured. It is recommended, before the start of the rental, that all people staying on board together with all their personal belongings be insured. Any damages and/or losses must be immediately reported to the Owner once they have occurred. For greater engine trouble or should a number of boats be involved in any accidents, then the case must be reported to the Port Authorities and documents from the other parties involved must be requested. Damage covered by the insurance policy that has not been reported immediately to the authorities and to the insurance company, and those for which all the necessary documentation is not available, will not be recognized in accordance with the relevant insurance conditions and the Charterer will be entirely responsible for them. The Charterer is obliged to pay any costs of boat damage in accordance with the existing conditions of the insurance up to the amount of the deposit. The Charterer will be entirely responsible for the costs of all damage which occurred on board and/or to the boat equipment caused by rough oversight and/or the loss of one or more parts of the equipment. Neither the Owner nor the MyEscape-Yacht.com are responsible for the loss or damage of any personal belongings of the Charterer and the crew member whilst they are on board.
The agency is only liable as an intermediary for intentional or grossly negligent dereliction of duty in the performance of its services as an intermediary.
- The Charterer shall indemnify the Owner against all civil and criminal consequences of third party claims arising from actions and failures to act on the part of the Charterer including all legal costs in the country of delivery and abroad. The Charterer accepts the yacht on his own responsibility.
- If the Charterer leaves the yacht at any place other than the agreed location for any reason whatsoever, the Charterer shall bear the costs for the return of the yacht by water or by land. If the return of the yacht extends beyond the time period of the charter, the yacht shall be deemed to be returned by the client at the time of its arrival in the agreed harbour.
- Late return of the yacht and non-usability of the yacht caused by the Charterer shall be grounds for claims for compensation by the charter company.
- Attention is drawn to the fact that conclusion of hull insurance by the Owner does not mean that the Charterer is not liable for loss or damage not covered by such insurance, or for loss or damage for which the insurance expressly reserved the right of recourse to the Charterer. This applies particularly to damage caused by gross negligence, intent or failure to observe the conditions of the charter party, and for any consequential loss or damage.
- The conditions of the insurance, which we will gladly provide on request, are an integral part of this contract. The deductible excess for each loss is to be borne by the Charterer and may differ from the deposit paid. The deposit will be repaid without delay on the return of the yacht and equipment in good condition. Loss and damage will be off-set against the deposit. Loss and damage not covered by the deposit or the insurance shall be paid without delay by the Charterer.
Conclusion of an extended "Skipper's liability insurance" (which covers crew's liability amongst themselves and recovery of losses to the chartered yacht in the event of substantiated gross negligence) and a consequential loss insurance is strongly recommended. The Owner and broker will be pleased to send all necessary documentation.
Miscellaneous/subsidiary agreements/ information / separability clause
- The charter period may only be extended with the agreement of the charter company. If there should be obvious errors in the invoicing of the charter price and the extras, the Owner and the Charterer have the right and the obligation to correct the charter price in line with the valid price list. This does not affect the legality of this contract.
- All care is taken in the preparation of information, but information is given without guarantee.
- The invalidity of individual provisions shall not affect the validity of the remaining provisions of the charter party. The parties agree to replace invalid provisions by valid provisions most closely approaching the invalid provisions.
When taking over the boat, the Charterer will pay the Owner the statutory agreed deposit in cash, or, if possible, by holding his resources on a credit card, as a guarantee that all possible losses and damage caused during the period of rental, including damage not covered by the insurance policy will be paid.
The total safety deposit amount will be refunded to the Charterer if, when the boat is returned, no damage of the boat or loss of its equipment is found, there are no requests by third parties with regard to the Charterer in connection with the use of the rented boat and once the boat has been returned to the agreed dropping point at the agreed time and has been checked in order to ascertain it is returned as it was delivered, that is undamaged, in a clean and tidy manner and with a full tank of petrol. Should there be any loss or damage of the equipment of one or more parts of the boat or of any part of the boat itself, the Owner will retain the amount of the deposit equal to the cost of repair, the supply and/or purchase of any missing equipment or part of the boat itself.
Place of jurisdiction, applicable law.
Should any misunderstandings or disputes occur, all parties will endeavor to solve them in a peaceful manner or by means of an agreement. Should the reaching of such an agreement prove impossible, then the case will be referred to an authorized court in Greece's laws will be applied.