LXRY42 - GENERAL TERMS AND CONDITIONS FOR SKIPPERED CHARTER OF YACHT

 

The Purpose 

These General Terms & Conditions for Yacht Charter (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on the Yacht. 

Contracting Parties 

The charter contract is concluded between the client who charters the Yacht (‘Client’), 

The owner of the yacht, represented by LXRY42 Yachting D.O.O. (‘Company’),

In cases where the booking is done through a partner of the Company an Agency-Mediator who represents the Client (‘Agency’) is also a contracting party.

Booking Confirmation 

From Client’s side, the booking intention is confirmed when advance payment is paid by Client or Agency has guaranteed the payment (and guarantee has been accepted by the Company) for the booking.

From Company’s side the booking will be confirmed when full amount of advance payment is received on its account and a definitive Booking confirmation is issued to the Client or the Agency. 

Payment Method

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 7 days prior to yacht charter 

All payments have to be done according to payment instructions listed in the Pro-forma Invoice which the Company has sent either to Client or to Agency. The Yacht can be taken over only after the complete amount for yacht charter and all contracted extra services has been fully settled. If either advance payment or balance payment has not been fully settled until above stated deadlines, the Company shall be entitled to cancel the Yacht’s booking without any refunds to the Client.

In cases where the Company has Agency guarantees above does not apply.

The Price of Yacht Charter 

The price for yacht charter shall include the following: the Yacht sufficiently equipped for the purpose of the charter including small snacks and soft drinks, as well as usual charter base services at the time of charter (boarding/offboarding) and the Crew consisting of at least an experienced and qualified Skipper. Yacht charter price shall not include additional services such as special 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 the charter. The Skipper’s fees are included. If the yacht charter starts and/or ends in an Alternative base (any base other than Porto Montenegro, Tivat, which is the homeport of the Yacht) the Client acknowledges that any berthing fees of the Alternative base (marina) are not included in the Yacht charter price, and that the Client will need to settle the corresponding berthing fees in the Alternative base, in addition to a base change fee as agreed on in the charter agreement.

Additional services - Extras 

Additional services and extra equipment for which an extra CHARGE shall exist (hereinafter: Extras e.g. one-way options, transfers, etc.) should be requested by Client and agreed prior to booking confirmation. Client may ask for addition of certain Extras even after the booking confirmation, and the Company will undertake reasonable effort to provide the newly requested Extras to the satisfaction of Client and will inform the Client if it is possible to upgrade the booking with requested new Extras or not. Client acknowledges that the Company 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 7 days (or as soon as possible) prior to the beginning of the charter date. 

Crew List / Passenger List 

The Client must send a correctly filled Passenger list, not later than 1 days prior to the first day of charter. The Client agrees that s/he is the main contracting party of the Company, and that Client is responsible for the other Passengers on board. Client is responsible for the accuracy of delivered Passenger list information, as well as for validity of all passports, visas and other identification documents. 

 
Cancellation by Client 

Should the charter of the booked Yacht be cancelled by Client, whatever the reasons may be, the Client shall be liable to inform the Company per email about the cancellation without delay. Client shall be charged for the cancellation in the amount of: 

- No fees if cancellation has been done up to 14 calendar days starting the date of charter

- up to 50% of the full accommodation rate if the cancellation has been done up to 7 calendar days prior to the starting date of charter

- up to 75% of the full accommodation rate if the cancellation has been done more than 24 hours prior to the starting date of charter

- up to 100% of the full accommodation rate if the cancellation has been done less than 24 hours prior to the starting date of charter

If the Agent or Client has managed to find another client for the cancelled period no cancellation fee will be charged.

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 Client (death in the near family, serious sudden health condition, a serious accident, etc.), the Company may allow the Client 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 Client does not come for the check-in (non-show-up case), or when the Client leaves the Yacht prior to the contracted check-out time (earlyabandon case) – in all such cases the 100% cancellation fee applies and Client does not have a right for any refund. 

Cancellations by Company 

Should the booking be cancelled by Company, then Company will offer to Client: 

reservation of another Yacht, from own fleet or from another fleet, of similar size and with similar features, if possible. If the new Yacht has a lower charter rate than the original, Company will also refund the price difference as per valid pricelists of both Yachts. Generally, in case of switching to another Yacht, these Terms apply to the new Yacht accordingly. 

or if the Company fails in doing so

full refund of all amounts that Company has received from Client for the Yacht. The responsibility of the Company for amounts higher than the amount of the rent, as well as for any other right of the Client for compensation, is excluded. 

Advanced Provisioning Allowance APA

Before boarding the Yacht, the Client must provide the Advanced Provisioning Allowance (hereafter ‘APA) in amount of 20% of the Charter Fee. The APA may be given either in cash or with one of the credit or debit cards accepted by Company. After the completion of yacht charter the APA shall be repaid to the Client, withholding all additionally incurred costs as fuel, food and beverages, docking fees, etc. A detailed run down of these costs will be available on request of Client.

In case where the Company accepts guarantee from the Agency the APA will be dealt accordingly.

Boarding the Yacht 

The Yacht can be boarded in the agreed time and place. If the Client does not board the yacht within 4 hours from the agreed time for a day charter, 2 hours for a half-day charter, or 1 hour for a sunset charter, without previously announcing it, the Company is authorized to unilaterally terminate the contract and the Client has no right to subsequently ask for compensation. 

The company shall not be liable for any delay due to the Acts of God or rough weather conditions at the authority of the Skipper. The Company is obliged to prepare a technically correct yacht and completely equipped with tanks filled with sufficient quantities of water and fuel, clean and dry, ready for sailing. Eventual objections are presented exclusively before the beginning of the journey. Eventually concealed defects or deficits of the yacht and/or the equipment, which were not known to the Company when submitting the yacht, as well as damage and defects after offboarding the yacht that the Company could not predict, do not give the Client the right to ask for discount on the price of the rent. After boarding the Yacht Client and all Passengers will receive a mandatory safety briefing. It is Client’s responsibility that this briefing is attended by all Passengers. The Company shall carry no liability when this is not the case.

Offboarding the Yacht 

Offboarding will be at the agreed time to the location mentioned in the contract. This location and time are not binding and may be modified before or during the charter subject to prevailing weather and sea conditions, at the discretion of the Skipper. When offboarding the yacht the Company's representative will perform a complete check-up of its general condition and the equipment and compare the present inventory and equipment with the initial condition, inventory, and equipment. 

Skipper’s authority 

The Skipper retains overriding authority in all matters regarding the management, operation and movement of the Yacht and shall not be bound to comply with any above-mentioned clauses nor any order or request which might, in the Skipper’s sole discretion, put the safety of the Yacht and persons onboard at risk. The Skipper is under strict instructions from the Company to prevent or minimize injury and/or damage.

Skipper's commitments and responsibilities 

The skipper will demonstrate to the Client the safety equipment and the functionality of the yacht and its equipment, as well as all actions in case of an emergency. The skipper is responsible for the navigation of the yacht, mooring, anchoring, and maneuvering and for keeping the deck and cockpit of the yacht clean, in good and fully functional condition. Other tasks such as cleaning, catering, cooking, etc. are not part of the skipper’s obligations. The skipper should respond to any Client’s request regarding various tourist information and share all knowledge he happens to have (such as interesting anchorages, sights and spots, museums, restaurants, nightlife, attractions, water sports points, etc.) acting partially also as a “guide” or a local “host” at the highest possible degree. The skipper is supposed to navigate and sail the yacht for approximately maximum 8 hours a day (unless otherwise agreed) and is not obliged to sail by night. The skipper will consult the Client for the desired sailing schedule and route and will coordinate this considering the safety and pleasure requirements of the passengers. If adverse weather conditions exist it is on the skipper’s judgment if the yacht should depart from the port or not. In all such cases the skipper should explain the situation to the Client in detail. The skipper is fully responsible for the mooring of the yacht, the refilling of water and diesel and fuel or charge for the water toys if combined in the charter and for arranging the port formalities. The Skipper will pay all these costs and subtract from the APA. 

The skipper is responsible for all the damage that may happen to the yacht and/or its equipment, during sailing, motoring, anchoring, mooring and maneuvering, provided that he can easily preview the damage and is able to definitely avoid it. Alike in a bareboat charter, the Client is held equally liable for other damage that he or the rest of the Passengers may cause to the Yacht or its equipment or its interior inventory (such as window glasses, upholstery, woodwork, etc.). The Client is obliged to respect all safety instructions as announced by the skipper of the yacht, because the skipper is the only responsible person for the yacht itself. The Client and/or the Passengers should help the skipper -when absolutely necessary- by following the instructions and guidance given by the skipper. 

Personal Insurance 

It is a requirement that Client and all Passengers have current personal holiday travel insurance to cover a holiday including adequate accident and health insurance cover for the duration of the charter. The Company will not be liable for any cover it may not provide. The Company shall not under any circumstances whatsoever be liable for loss or damage to any of the charterer's property, or for illness, accident, personal injury, or death suffered by any guests.

No liability or responsibility is accepted for any loss or additional expenses incurred due to any accident or illness. The Company will not be a party to any negotiations with doctors or hospitals.

Yacht Insurance 

The Parties acknowledge that the Company maintains an insurance policy to cover potential liabilities arising from the performance of this contract. The insurance is determined by the terms defined by the insurer with which the yacht is insured. Notwithstanding any other provision in this agreement, the liability of the Company shall not exceed the coverage and limits provided by its insurance policy. In the event that the Company incurs liability arising out of or in connection with this contract, the Client agrees that its sole and exclusive remedy shall be limited to the recovery of damages covered by the insurance policy. 

Complaints 

The Company will strive to meet its aim that Client has a positive and high-end experience on board. In the event that Client has a complaint it should be raised the same day so it can be handled immediately. A complaint which has not been satisfactorily dealt with or has not been raised during the charter period should be made in writing to the Company within fourteen days of the last day of the charter. The Company will not consider complaints sent after the fourteen-day time limit. 

Jurisdiction 

The Client and the Company shall endeavor to resolve all the disputes that may arise in connection with these General Terms in mutual agreement. In case the mutual agreement may not be reached, the Parties stipulate the jurisdiction of the authorized court in Podgorica. The competent law shall be the law of the Republic of Montenegro.