Crewed Charter Terms & Conditions
1) K6 Yachting Ltd shall1. Deliver the charter vessel to the agreed location staunch, clean and in full commission.
2. Provide a competent crew for your Crewed Yacht Vacation. K6 Yachting Ltd reserves the right to assign and substitute crews without notification to charterer. Charterer shall not have the authority to discharge the crew without prior consent from K6 Yachting Ltd.
3. If, by reason of force majeure K6 Yachting Ltd fails to deliver the vessel to the charterer at the port of delivery at the commencement of the charter period and delivery is made within forty-eight (48) hours of the scheduled commencement date, or within one tenth (1/10th) of the charter period, whichever period is the shorter, the K6 Yachting Ltd shall pay to the charterer a refund of the charter fee at a pro rata daily rate or if it be mutually agreed K6 Yachting Ltd shall allow a pro rata extension of the charter period.
4. Reserve the right to recall the vessel to the base upon the forecast or occurrence of severe weather. If charterer elects to prematurely end the charter, the charter is deemed cancelled and charterer is not entitled for refunds or money compensation.
2) Charterer shall1. Acknowledge that the acceptance of the vessel upon delivery constitutes full performance by K6 Yachting Ltd.
2. Not hold K6 Yachting Ltd liable to charterer for any refund of charter fees or costs, including travel expenses, should the charterer cancel the charter.
3. Pay any expenses for additional services rendered at charterer’s request that are not included in the charter price.
4. Indemnify and hold K6 Yachting Ltd, its insurers and employees harmless for any death or injury arising from swimming, stand up paddle boarding, windsurfing, kayaking, or the use of dinghies, snorkels, masks or other equipment such as scuba equipment, the abuse of drugs or consumption of alcohol.
5. Accept responsibility for all costs, expenses or damages caused by the gross or willful negligence of the charterer, charterer’s guest or charter party.
6. Agrees to take on board the number of passengers stated on the crew list (this must not exceed the maximum number that the yacht is licensed for).
7. Depend on the skipper for the safe navigation of the vessel and shall abide by the judgments of the skipper as to the sailing, weather, anchorages and other pertinent matters.
8. Surrender the vessel fully equipped, clean, refuelled and in the same condition as first delivered at the time and place specified by K6 Yachting Ltd. Any delay in delivery of the vessel caused by the charterer may result in the charterer being charged pro rata the charter fee for use of the vessel, plus consequential and incidental losses suffered by K6 Yachting Ltd caused by the delay.
9. Use the vessel for pleasure only. The vessel shall not transport merchandise or carry passengers for pay without the prior written consent of K6 Yachting Ltd. Charterers shall not assign this agreement or subcharter the vessel without the prior written consent of K6 Yachting Ltd.
10. Comply with all laws and regulations of the UK or of any other government within the jurisdiction in which the vessel may be at the time.
K6 Yachting Ltd is covered by a standard marine Yacht policy against direct physical loss to the vessel, bodily injury, property damage and civil liability. Said insurance is subject to specified deductibles for which the Charterer is responsible. The policy provides full cover for the yacht and 1,500,000 Euro third party cover for the skipper and crew. The Charterer and crew remain responsible for loss or damage from negligent or willful misuse of the Yacht or failing to adhere to the K6 Yachting Ltd briefing or onboard instructions.
A supplementary insurance for cancellation is recommended. In addition, the Charterer is encouraged to review his current health and liability insurance to ensure proper coverage during the period of his charter.
4) Yacht Security Deposit
A refundable payment is required to cover the possibility of damage to the yacht and its equipment including damage caused by you to a third party.
A refundable Yacht Security deposit of 2,000 Euro will be taken at the base and the charter party will be responsible for the costs of any damages to the yacht and fittings and ancillary items up to the value of the yacht security deposit.
Please note the yacht security deposit does not cover any acts of gross negligence, the yacht security deposit is not the maximum liability of the Charterer.
5) General Provisions
1. K6 Yachting Ltd cannot be responsible or liable for loss, damage or theft of personal luggage and belongings. Please check with your insurance agent prior to departure to make sure you are adequately covered for any eventualities.
2. K6 Yachting Ltd cannot be responsible or liable for physical damage caused to equipment rented from parties other than K6 Yachting Ltd.
3. Should either party to this Agreement violate any provisions of this agreement or in any proceedings to enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other all legal fees and costs that may be incurred, including any fees and costs associated with court ordered mediation and arbitration, or appellate proceedings.
4. This Agreement cannot be modified without the written consent of both parties hereto and the failure of either party to insist upon strict compliance with the terms set forth herein shall not be deemed a waiver of any such party’s rights hereunder.
5. This Agreement shall be construed and interpreted in accordance with the laws of the UK, with the exception of any admiralty or maritime claims, which shall be construed under the maritime, admiralty laws of Malta. The venue for any proceedings hereunder shall lie in the UK.
6. This Agreement constitutes the entire Agreement between the parties and supersedes all prior understanding and agreements to the extent inconsistent herewith. No representations or warranties not set forth herein have been offered to or made to any party as an inducement into this Agreement and all negotiations are merged herewith.
7. The original of this Agreement is written in English language and contains 3 pages.
6) Cancellation/Modification Fees
Cancellations must be made in writing, by the lead party name, and received by K6 Yachting Ltd prior to the start date. The date received by K6 Yachting Ltd office will be the date used to determine cancellation charges which are levied on the following scale:
|If the charter is cancelled more than 12 weeks prior to charter: 30% of charter fee|
|Between 12 to 8 weeks: 60% of charter fee.|
|Between 8 to 4 Weeks: 80% of charter fee.|
|Less than 4 weeks: 100% of charter fee.|
Should the Charterer need to make a change to the booking after confirmation has been sent, e.g., yacht dates, after the 10 week final payment period K6 Yachting Ltd reserve the right to make an administration charge of 50 Euros. If you request any major alterations during the 10 week final payment period it will be treated as a cancellation and re-booking. Any alterations should be made in writing.
One of your berths must be allocated to your Skipper (and one for Hostess if any). Food and refreshment for the Skipper (and Hostess if any) is the responsibility of the Charterer during the charter period.
This document is to be returned signed to K6 Yachting Ltd in order to start your charter.
I personally agree to the above conditions for myself and on behalf of all charter's guest or charter party.
Printed name: ___________________________________________