Destiny

Rédigées par la société de charter, telles quelles et dans sa langue. navi-gate n'en est pas partie.

Charter Terms & Conditions • The Charterer hereby accepts all the terms and conditions set out below. • The Yacht is insured as required by Greek Law. • There should be no more passengers on the Yacht than the allowed number of passengers as described in the general inspection protocol. • The charter price includes VAT 12%. • For bareboat charters, the charterer shall provide, as a refundable security deposit, the deductible amount stated in the vessel's insurance policy. • For skippered charters, the charterer shall pay the mandatory non-refundable security deposit reduction as described in clause 25. 1. Validity of Agreement This Agreement becomes binding upon signature by the Shipowner and/or Broker only upon actual receipt by the Shipowner of all payments due hereunder, in cleared funds, by the specified dates. 2. Shipowner's Obligations (a) Upon full payment, the Shipowner shall deliver the Vessel at the agreed embarkation port, without crew, free of encumbrance, clean, seaworthy, compliant with flag-state and safety requirements, and equipped as per the Stakeholder's quotation. The Vessel is a recreational craft; the Shipowner gives no warranty as to comfort or navigational feasibility in adverse weather. (b) The Shipowner shall insure the Vessel in accordance with Greek law against fire, marine, collision, and third-party liability. The Charterer bears no liability for loss covered by such policy unless caused by his or his guests' wilful act or negligence. The Charterer remains liable for losses not recoverable under the Shipowner's insurance. The Shipowner accepts no responsibility for loss of, or damage to, personal property, nor for personal injury. The Charterer is advised to arrange independent personal, medical, and travel insurance. (c) If delivery of the vessel is delayed by up to twenty-four (48) hours due to a technical problem requiring repair, the Charterer may: (i) extend the charter by the duration of the delay, subject to feasibility and the Shipowner’s approval; (ii) receive a pro-rata refund of the charter fees corresponding to the period of delay; or (iii) accept a comparable substitute vessel, if available. The unavailability of a substitute vessel shall not constitute a breach of this Agreement. The remedies set out in this clause shall apply exclusively to delays resulting from technical problems requiring repair and shall not apply to delays arising from the Charterer’s actions or omissions, force majeure, adverse weather conditions, or any other circumstances beyond the Shipowner’s reasonable control. (d) If delivery of the vessel is delayed by more than twenty-four (48) hours due to a technical problem requiring repair, the Charterer may terminate this Agreement and receive a refund of all payments made, without interest. Alternatively, the parties may mutually agree to postpone the charter. No further compensation, including travel or accommodation expenses, shall be payable. The termination and refund rights set out in this clause shall apply exclusively to delays resulting from technical problems requiring repair and shall not apply to delays arising from the Charterer’s actions or omissions, force majeure, adverse weather conditions, or any other circumstances beyond the Shipowner’s reasonable control. 3. Charterer's Obligations (a) The Charterer shall redeliver the Vessel, cleaned, free of debts, and in the same condition as received. Failing timely redelivery, he shall pay demurrage at one-and-a-half (1.5) times the daily charter rate for each day or part thereof. Redelivery at another port requires prior consent and reimbursement of all transfer expenses and losses. (b) The Charterer shall lodge a security deposit held by the Stakeholder on behalf of the Owner, to cover any loss or liability arising hereunder. The unused balance shall be refunded without interest after inspection and settlement of all matters. Once the check-out report is signed, no further claims may be raised. (c) The Vessel shall be used solely for private leisure by the Charterer and his party (minimum one qualified skipper and one competent crew member), within Greek waters unless otherwise agreed in writing. The Charterer shall not race, tow (except in an emergency), sublet, or carry more persons than permitted by the Vessel's licence. (d) The Charterer shall comply with all local laws and refrain from illegal acts, including fishing or diving offences or recovery of archaeological objects. Any breach terminates the Agreement, and the Charterer shall indemnify and hold harmless the Shipowner and Brokers from all resulting claims, liabilities, costs, and legal fees. (e) The Charterer shall avoid circumstances requiring towage. In case of unavoidable towage, he shall notify the Shipowner immediately and, if impossible, agree in writing the towage price before proceeding. (f) The Charterer shall not depart if winds exceed Force 6 Beaufort (above 24 knots), sailing is prohibited, or the Vessel, her equipment, or fuel reserves are inadequate for safe operation. (g) The Charterer shall reef or reduce sail appropriately, avoid over-canvas, refrain from sailing in uncharted waters, not sail after sunset or before sunrise, and act with due seamanship. (h) The Charterer shall maintain an up-to-date logbook recording navigation, weather, crew, and engine hours. (i) The Charterer shall plan the itinerary so that the turnaround point is reached within the first one-third (⅓) of the charter, remain within forty (40) nautical miles of the disembarkation port two days before termination, and berth at the base port by 05:00 pm on the penultimate day. (j) The Charterer shall familiarize himself with the manuals and instructions provided. (k) The Charterer shall not carry out or authorise repairs without prior approval of the Shipowner or base manager. 4. Competence and Responsibility The Charterer assumes full responsibility for crew and materials, warrants possession of the required skipper's licence or that a qualified skipper will be on board, and undertakes to operate the Vessel safely and lawfully. Misrepresentation of competence entitles the Shipowner to terminate the Agreement and retain all payments made. 5. Verification of Competence The Shipowner may require a practical demonstration of the Charterer's seamanship before departure. Time so used forms part of the charter period. If competence is unsatisfactory, the Shipowner may appoint a skipper at the Charterer's expense or terminate the Agreement. 6. Delivery and Acceptance Before embarkation, the Vessel shall be jointly inspected using the Delivery Statement and Inventory List. The Charterer's signature confirms seaworthiness, completeness, and acceptance; subsequent objections, including for latent defects, are excluded. Inspection and familiarisation time form part of the charter period. The Charterer may not refuse delivery for immaterial defects. 7. Expenses During Charter After delivery, the Charterer shall bear all operating costs, including port fees, fuel, water, lubricants, stores, and minor repairs. Repairs due to normal wear require prior Shipowner approval and receipts for reimbursement. If repairs are necessary, the Charterer shall return the Vessel to a suitable yard and vacate her as required. The Shipowner is not obliged to provide a substitute vessel or compensate for consequential losses. 8. Disablement After Delivery If the Vessel becomes disabled due to machinery breakdown not caused by the Charterer, the Owner/Manager shall have up to twenty-four (24) hours in the Saronic Gulf and up to forty-eight (48) hours in the Cyclades/Eastern Peloponnese from receipt of written notice to remedy the issue or restore the Vessel to operational condition. No refund, compensation, or extension of the charter period shall be due during the above-mentioned response periods. Only if the disablement continues beyond such periods and the Charterer is thereby prevented from using the Vessel may the Charterer claim a pro-rata refund or equivalent extension for the time exceeding the applicable response period. No service is guaranteed outside the above areas. Written notice must be given within office hours (10:00 am – 06:00 pm). Any claim must be submitted within twenty-four (24) hours from the occurrence of the event and, in any case, before the end of the charter period; otherwise, such claim shall be deemed waived. In the event of any damage, malfunction, breakdown, defect, or any other problem affecting the Vessel, its equipment, or its systems, the Charterer and/or Skipper shall immediately notify the Shipowner, Base Manager, or designated Technician and shall strictly follow all instructions, procedures, and repair programs provided by them for the purpose of assessing, mitigating, repairing, or resolving the issue. The Charterer and/or Skipper shall not undertake, authorize, or arrange any repairs, modifications, or interventions without the prior approval of the Shipowner, Base Manager, or designated Technician, except where immediate action is reasonably necessary to ensure the safety of persons, the Vessel, or the environment. Failure by the Charterer and/or Skipper to comply fully with the instructions, procedures, or repair program provided by the Shipowner, Base Manager, or designated Technician shall constitute a breach of this Agreement, and any claim, demand, compensation request, warranty claim, or liability claim arising from or related to such damage, malfunction, or problem shall be deemed invalid and shall not be accepted by the Shipowner. 9. Accidents In case of accident or damage, the Charterer shall immediately notify the Shipowner and report to the nearest Port Authority for an official statement of the incident. 10. Payments, Taxes, and Cancellations Charter fees include VAT at the rate effective on signing, subject to statutory changes. Any tax variation shall be charged or credited accordingly. Non-payment in cleared funds by the due date constitutes cancellation by the Charterer. Upon cancellation (except under Clause 2(c)(iii)), the Shipowner retains all payments made unless the Vessel is re-chartered for the same period and terms. Early redelivery does not entitle the Charterer to any refund. 11. Notices All notices shall be in writing and are effective upon receipt by the Stakeholder. The Charterer must promptly notify any damage, breakdown, grounding, seizure, or expected delay in redelivery. 12. Complaints Written complaints specifying details must be submitted to the Stakeholder within twenty-four (24) hours of the event. Complaints lodged thereafter are void, and no compensation shall be due. 13. Total Loss Before Commencement If the Vessel becomes an actual or constructive total loss before commencement, all payments shall be reimbursed immediately. No substitute vessel or consequential compensation shall be owed. 14. Brokers, Stakeholders, and Governing Law All persons aboard are deemed agents of the Charterer. Brokers act solely as intermediaries in good faith and accept no liability for loss, damage, or misdescription. The Shipowner and Charterer jointly and severally indemnify the Brokers and Stakeholders against third-party claims arising from this Charter. In compliance with Greek law, a separate Greek-language charter agreement shall be executed with identical terms. In the event of conflict, these Terms prevail. This Agreement is governed exclusively by Greek law, and the courts of Athens shall have sole jurisdiction. 15. Data Protection The Charterer consents to the processing of personal data (including identification, contact, and banking details) by the Shipowner and/or Broker for the purposes of performing this Charter. 16. Covid-19 Disclaimer The Vessel is delivered cleaned and sanitised. The Shipowner and Broker accept no liability for any Covid-19 infection among crew or passengers. 17. Acknowledgement The Charterer confirms full understanding and acceptance of all terms and conditions herein. 18. Associated Signatures The Charterer's signature on this Agreement constitutes simultaneous consent to related credit-card authorisations and check-in/out documentation executed at embarkation. 19. Bareboat Charters – Refundable Security Deposit For the purposes of this clause, the Security Deposit Provider means any charterer, skipper, passenger, cardholder or other person providing the refundable security deposit, whether by credit/debit card, cash, or any combination thereof. The Security Deposit Provider authorizes the broker or the shipowner to receive, hold, pre-authorize, retain, deduct and/or charge the refundable security deposit for any amounts due under the Charter Agreement and/or the Check-In & Check-Out Report, including but not limited to loss, damage, deficiency, repair or replacement costs, outstanding fuel charges, cleaning fees, late-return charges, marina fees, fines, contractual penalties, or any other amounts payable in connection with the charter. Where the security deposit is provided by card, the cardholder expressly authorizes the broker or the shipowner to obtain a pre-authorization, place a hold and/or charge the card without its physical presentation and without further authorization, including after completion of the charter, to the extent permitted by applicable law and payment-provider rules. Where the security deposit is provided in cash, the broker or shipowner is authorized to retain and deduct any amounts properly due, with any remaining balance refunded in accordance with the Charter Agreement. If the deposit is insufficient, the Security Deposit Provider remains liable only up to the amount of the agreed security deposit. Any loss, damage or required repairs may be assessed and documented by the broker, shipowner, their authorized representatives, surveyors, technicians, repair facilities or other qualified experts, whose reports, photographs, invoices, estimates and the Check-In & Check-Out Report shall constitute supporting evidence of the amounts due. The Security Deposit Provider's financial liability is limited to the agreed amount of the refundable security deposit. Any amount exceeding the security deposit shall be subject to the terms, conditions, exclusions and applicable coverage of the yacht's insurance policy. The Security Deposit Provider and the cardholder, where applicable, consent to the processing of their personal data for the administration of the charter, management of the security deposit, financial transactions, damage assessment and recovery of amounts due, in accordance with applicable data-protection law. 20. Complimentary Equipment A GPS plotter, dinghy, outboard motor, autopilot, air conditioning, generator, and water maker are provided free of charge and are not included in the charter price, nor do they affect the vessel's seaworthiness. Their malfunction shall not give rise to any claim. 21. Insurance Exclusions Insurance does not cover pre-existing damage, blocked toilets, loss or damage to dinghy or outboard, or loss of equipment inadvertently left ashore. 22. Legal Violations No insurance cover shall apply to any damage arising from breaches of maritime law, for which the skipper shall bear sole and exclusive responsibility and liability. 23. Insurance Acceptance The Charterer acknowledges and accepts the insurance terms and cover provided herein. 24. Regulatory Liability The Charterer is solely responsible for all mooring, sailing, and regulatory violations occurring during the charter period. 25. Skippered Charters – Security Deposit Reduction For charters with a skipper supplied by the Shipowner, the Charterer shall not be liable for damage to the yacht’s hull, engines, sails, or sail-drive system. However, the Charterer shall pay a non-refundable security deposit reduction fee of €300 in cash, as well as a refundable security deposit of €1,000, payable by card or in cash upon embarkation. The refundable security deposit covers any damage to the yacht’s interior, galley, or equipment caused by the Charterer or members of their party. 26. Skippered Charters – Provisions and Gratuity For skippered charters, the Charterer is responsible for providing daily meals for the skipper/crew and a gratuity of at least ten percent (10%) of the total charter fee. 27. Skippered Charters – Duration of Service Crew services for skippered charters conclude upon return of the Vessel to the home port. 28. Late Check-In (Bareboat Charters) For bareboat charters, if the skipper arrives after 6:00 p.m. on embarkation day, a late check-in fee of €150 is payable in cash on-site. 29. Check-in Report (Bareboat Charters) If the Charterer fails to complete and deliver the Check-in Report to the shipowner or agent, either in hard copy or by electronic means, before the vessel departs from the Home Port, the Charterer shall be deemed to have inspected and accepted the vessel, its equipment, inventory, and overall condition as being in good order, complete, and free from defects or deficiencies. In such event, the condition of the vessel and its equipment at the time of delivery shall be conclusively presumed to be as delivered by the shipowner or agent, and this condition shall constitute the reference condition against which the vessel will be assessed during the Check-out inspection upon its return.