Legal
This confirmation automatically initiates the terms below, which are published in our charter party, our website sheet, and on our website. Your charter party/contract is with Yachtsailing.gr. By signing this document you confirm you have read and accepted these booking conditions. The crew leader, hereinafter the "Charterer", is responsible for the full cost of the vacation including any insurance premiums, cancellation or amendment charges. A contract exists as soon as Yachtsailing.gr issues your charter contract. Please check the details of your contract carefully to ensure it accurately reflects the booking and costing you requested, and inform us immediately of any discrepancies. Yachtsailing.gr may delegate the performance of any part of this agreement to its affiliates, employees, officers, directors, and agents, hereinafter collectively "Yachtsailing.gr".
40% of the charter fee is due upon booking. The outstanding balance is due 45 days prior to departure.
Any change to your dates or chosen yacht is treated as a cancellation. We recommend trip-cancellation insurance. If you cancel, we'll do our best to re-book your dates and refund whatever a new booking recovers, after costs, up to the amount you have paid; anything we're unable to recover is retained.
Yachtsailing.gr will deliver the yacht to the start port on the specified start date, in full commission and ready for service. Should the specified yacht not be available, Yachtsailing.gr reserves the right to substitute a similar yacht with an equal or greater number of cabins. The Charterer must examine the yacht prior to departure to determine whether the vessel and dinghy are in good working order, properly outfitted with all standard safety equipment, accessories, utensils, and any other requested items (the "Inventory"). Acceptance by the Charterer certifies that Yachtsailing.gr's delivery obligations have been fulfilled. If Yachtsailing.gr is unable to deliver the yacht or a substitute within 24 hours of the specified delivery time, the Charterer may cancel this agreement and the total fee paid will be refunded. Should the Charterer not be present or ready to accept delivery at the specified time and place for any reason, Yachtsailing.gr reserves the right to reset the delivery time within the following 24 hours.
Yachtsailing.gr strictly prohibits the use or consumption of illegal drugs on its yachts or at its facilities. The consumption of alcohol or drugs may increase the risk of injury around water and boats, and the Charterer and their passengers accept that risk. Yachtsailing.gr shall be held harmless from any and all claims or liability for property damage, personal injury or death arising from or related to the use or consumption of alcohol or drugs, even where caused in whole or in part by Yachtsailing.gr's negligence. This does not limit or diminish Yachtsailing.gr's accountability for negligence where the damage, injury or death does not arise from or relate to the use or consumption of alcohol or drugs.
Yachtsailing.gr, the yacht owner, and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking, or the use of snorkels, masks, or allied equipment such as scuba equipment and sailboards.
The Charterer agrees to pay any additional running expenses during the term of the charter that have not been prepaid as part of the charter package. These may include, but are not limited to, food and other consumable stores, fuel, pilotage, mooring and docking fees, port charges, cruising taxes and park permits, customs, and provisions and supplies for the Charterer and their party.
Our insurance policy provides comprehensive and adequate cover for the equipment and yachts for your skipper and crew. The Company cannot be held responsible for any loss you may suffer as a result of insurers refusing cover - including where this results from you providing incorrect information (such as previous sailing experience) when requested, or from your negligence, deliberate default or wilful misconduct. Should damage or loss to yachts and equipment be caused by not obeying the Company's instructions, you will be liable for the full amount of repair or replacement and any resulting costs. Adults are at all times responsible for minors in their charge. The Company agrees to insure and keep insured the yacht against public liability and marine public liability to such extent as the Company, in its absolute sole discretion, deems appropriate. This insurance does not cover loss of life (except where caused by the Company's negligence), or damage to or loss of property of any person on board, against which you must ensure prior to the charter. Advice about such insurance is available from the Company on request.
The Charterer shall surrender the yacht at the expiration of the charter at the specified release port, free and clear of any indebtedness and liens whatsoever, in the same condition and clean state as when delivered (fair wear and tear from ordinary use excepted), and having properly cleared customs. The Charterer is responsible for allowing sufficient time for unforeseen contingencies to permit return of the yacht at the stated time. Should the Charterer fail to make redelivery at the stipulated time and place for any cause other than one beyond the Charterer's control, the Charterer shall pay a pro-rata charter fee for the delay, plus any losses Yachtsailing.gr or the yacht owner may sustain as a result. The Charterer shall surrender the vessel's equipment in as good a condition as delivered, fair wear and tear excepted. If the yacht requires unusual cleaning, Yachtsailing.gr may charge the Charterer accordingly.
The yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the Charterer, their family, guests, employees, and agents during the term of this charter, and shall not transport merchandise or carry passengers for pay or engage in any trade, nor in any way violate the laws of Greece or of any other government within whose jurisdiction the yacht may be, and shall comply with the law in all other respects. The Charterer agrees to restrict use of the yacht to the "cruising area" defined in the base information sheet provided. Rafting to another vessel at anchor is strictly prohibited. Night sailing (between 30 minutes before sunset and 30 minutes after sunrise) by the Charterer is not permitted.
The Charterer shall not assign this agreement or sub-charter the yacht without the prior written consent of Yachtsailing.gr. Yachtsailing.gr may assign its rights to payments under the charter.
The Charterer certifies that they are experienced and competent in the handling and operation of inboard auxiliary powered sailing craft of the general type and size as the yacht chartered, and have sufficient practical knowledge of seamanship, piloting, and the Rules of the Road. The Charterer shall not delegate these duties to anyone not equally qualified, agrees not to sail the yacht single-handed, and shall ensure a competent skipper and leading crew member are aboard at all times except while safely moored. Yachtsailing.gr may, in its sole discretion, verify the Charterer's or leading crew's competency at the time of the charter; should either be deemed less than fully competent, Yachtsailing.gr may provide a hired hand, at the Charterer's expense, to assist. Should a hired hand be unavailable, Yachtsailing.gr may restrict use of the yacht to the charter party's occupancy at Yachtsailing.gr's dock until a suitable hired hand becomes available. Yachtsailing.gr does not independently investigate the competency of any Charterer to sail, relying solely on the resumes provided, and may in its sole discretion refuse to release a yacht for sailing without this being construed as any acknowledgment of competency or assumption of liability - responsibility for which rests solely with the Charterer.
The Charterer accepts responsibility for the proper conduct of themselves and their crew. Yachtsailing.gr reserves the right, in its absolute discretion, to terminate without further notice the vacation arrangements for any Charterer who refuses to comply with Yachtsailing.gr's instructions or orders, or whose behaviour or competence is, in Yachtsailing.gr's opinion, likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party, or the property. Upon such termination, Yachtsailing.gr's responsibility for the Charterer's vacation ceases and it shall not be liable for any costs incurred by the Charterer.
Yachtsailing.gr shall provide a competent skipper/guide for the Charterer if so requested in advance. Although the Charterer shall exercise control over the yacht, the Charterer shall depend upon the skipper/guide for its safe navigation and shall abide by the skipper/guide's judgment as to sailing, weather, anchorages and related matters. The Charterer shall not have authority to discharge the skipper/guide without Yachtsailing.gr's prior consent.
Yachtsailing.gr acts for and on behalf of the owner of the yacht. Neither Yachtsailing.gr nor the owner will be liable to any person for any loss, damage, injury, or death resulting from the Charterer's use of the yacht. Yachtsailing.gr makes no representations other than those contained in this contract, the current Yachtsailing.gr brochure, and any written materials provided as part of the booking procedure, and will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Charterer for any reason. The Charterer will indemnify and hold Yachtsailing.gr and the yacht owner harmless from all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the yacht, related equipment or other Inventory by the Charterer or any crew, and from any claims for loss or damage to the Charterer's or crew's personal property carried on the yacht or dinghy. This agreement shall be construed and interpreted in accordance with the laws of Greece, with the exception of any admiralty or maritime claims, which shall be construed under Greek maritime and admiralty law as in effect. The venue for any proceedings hereunder shall lie in Greece.