Terms & Conditions

THE OWNER agrees to let the yacht to the CHARTERER and not to enter onto any other Agreement for the charter of the Yacht for the same period. The CHARTERER agrees to hire the Yacht and shall pay the Charter Fee, the Security Deposit, and any other agreed charges, in cleared funds on or before the dates and to the Account specified in (2) of this Agreement.

PAYMENT OF CHARTER FEES AND OTHER MONIES TO THE OWNER .- Fifty percent (50%) of the Charter Fee and the Delivery Fee and/ or Re-Delivery Fees (if applicable) shall be paid to MARINA YACHTING at the time of booking. Unless specified under "Condition" in the Agreement form, the balance shall be received in cleared funds, one (1) calendar month prior to commencement of the charter Period. The monies provided for in the above shall be paid into an account specified at the time of booking.

SECURITY DEPOSIT shall be paid to MARINA YACHTING at the commencement of the Charter Period prior to boarding the Yacht. Payment may be made by VISA, MASTERCARD, Cash or Bank Cheque drawn on a Clearing Bank mutually agreed upon by the CHARTERER and MARINA YACHTING.

RETURN OF SECURITY DEPOSIT Unless otherwise provided for on page one of this agreement the Security Deposit shall be held by MARINA YACHTING and by be used in, or toward discharging any liability that the CHARTERER may incur under any of the provisions of this Agreement but to the extent that it is not so used, the Security Deposit shall be returned to the client by post or refunded into the Visa Card within one week of the end of the Charter Period, or the settlement of any outstanding questions, which ever is later, be refunded to the CHARTERER without interest.

CRUISING AREA- The CHARTERER shall restrict the cruising of the Yacht to within the Cruising Area and to within regions in the Cruising Area in which the Yacht is legally permitted to cruise. Should the Charterer be found not to keep to the cruising area he will be asked to disembark at the first convenient port and upon termination of this Agreement shall not be entitled to any refund of the Charter Fee or the Deposit held.

MAXIMUM NUMBER OF PERSONS- The CHARTERER shall not at any time during the Charter Period permit more than the Maximum Number of Guests as stated on the front page of this Agreement. If, in the reasonable opinion of MARINA YACHTING, the Charterer fails to observe the provision above concerning the Maximum Number of Persons on board, then MARINA YACHTING may terminate the Agreement. In this case, the CHARTERER shall disembark at the first convenient port and upon termination of this Agreement shall not be entitled to any refund of the Charter Fee AND the deposit held.

OPERATION OF THE YACHT In the event of the Yacht being Chartered under a Bareboat Agreement, the CHARTERER agrees that if, in the reasonable opinion of MARINA YACHTING the CHARTERER is not competent to handle the Yacht in a safe and seamanlike manner, the CHARTERER will, at his own cost undertake to use the services of a professional captain designated by MARINA YACHTING until such time the designated Professional Captain deems that the CHARTERER is competent to handle the Yacht without the services of the Professional Captain. The CHARTERER shall be responsible for the operating costs of the Yacht which shall include but not be limited to Fuel, Lubricating Oil, Filters, and Port Charges other than home berth. Any losses, breakages or damage beyond reasonable fair wear and tear caused to the Yacht or its equipment by the CHARTERER, (whether intentionally or non- intentionally), shall be deducted from the Security Deposit.

DELAY IN RE-DELIVERY- a) If re-delivery of the Yacht is delayed by reason of force majeure, re-delivery shall be effected as soon as possible thereafter and in the meantime the conditions of this Agreement shall remain in force but without penalty or additional charge against the CHARTERER. b) If the CHARTERER fails to deliver the Yacht to the OWNER at the Port of Re-delivery due to intentional delay, then the CHARTERER shall pay forthwith to Marina Yachting by direct transfer, demurrage at the daily rate plus fourty percent (40%) and if delay in re-delivery exceeds twenty-four (24) hours, the CHARTERER shall be liable to indemnify Marina Yachting for and loss or damage which Marina Yachting shall suffer by reason of deprivation of use of the Yacht or cancellation of, or delay in delivery under any subsequent charter of the Yacht.

CANCELLATION BY CHARTERER - Should the CHARTERER give notice of cancellation of the Agreement on or at any time before commencement of the Charter Period the CHARTERER shall remain liable for all payments due prior to and unpaid at the date of cancellation. Should notice of cancellation be given by the CHARTERER or should the CHARTERER fail after having been given notice to pay any amount payable under this Agreement, Marina Yachting shall be entitled to treat this Agreement as having been repudiated by the CHARTERER and to retain the full amount of all payment made by the CHARTERER.

BREAKDOWN OR DISABLEMENT a) If, after delivery, the yacht is at any time disabled by way of collision, grounding or other cause as to prevent reasonable use of the yacht the charter period will be terminated and all monies forfeit. If the breakdown is due to mechanical failure the charter company will replace or repair within 48 hours or offer an alternative vessel.

USE OF THE YACHT The CHARTERER shall use the Yacht exclusively as a pleasure vessel for the use of himself and his Guests. The Chatterer will not sub-let the vessel. The vessel will under no circumstances be used for any commercial purposes. The CHARTERER shall ensure that no pets or other animals are bought on board the Yacht without the consent in writing of Marina Yachting. The CHARTERER shall ensure that the behaviour of himself and his CHARTERS shall not cause a nuisance to any person or bring the Yacht into disrepute. SMOKING IS EXPRESSIVELY FORBIDDEN IN ANY INTERIOR SPACE ON BOARD THE YACHT . The CHARTERER shall comply and ensure his Guests comply with the laws and regulations of any country into whose waters the Yacht may enter during the course of this Agreement. The CHARTERER shall ensure that any bonded stores or other merchandise which may already be on board the Yacht or may be brought aboard the Yacht through the course of the Charter are cleared through customs before being taken ashore. It is also specifically understood that the possessions or use of any illegal drugs or any weapons (including particularly firearms) shall be sufficient reason for Marina Yachting to terminate the Charter forthwith without any recourse against Marina Yachting.

IF THE YACHT HAS USE OF WATER SKIS & WATER TOYS Water sports/motor sports are inherently dangerous and are undertaken entirely at your own risk. Insurance cover is not offered for these activities and we strongly recommend you have your own insurance. To lessen the risk of death or injury you should follow these guidelines.
a) User must exercise caution and common sense. b) As in any recreational activity that can result in injury if the equipment is not used properly. User must act responsible and only engage in these activities with the awareness of and willing to accept the risks involved. USE IS AT YOUR OWN RISK. c) As in any recreational activity, reckless use, misuse, inexperience and/or neglect of the proper equipment and/ or the relevant safety equipment may result in injury or death. d) Buoyancy Aids are to be worn at all times. e) On NO occasion should any rope or other equipment attached to the boat be wrapped, tied or any other means attached to the person being towed, other than to grip the handle with both hands. f) Any damage caused to any of the equipment will be charged for at the replacement value.

INSURANCE & CHARTERERS LIABILITY a) MARINA YACHTING shall insure the Yacht with first class insurers against all customary risks for a Yacht of her size and type. b) Under normal circumstances, the CHARTERER shall only be liable for such costs or losses as may be incurred repairing damage caused by the CHARTERER or his guests (intentionally or otherwise) to the Yacht or any third party up to the level of the Excess (Deductible) on the insurance policy for each separate accident or occurrence. c) The CHARTERER may be liable for a sum greater than the Excess (Deductible) on any one accident or occurrence if the CHARETERER or any of his guests acted in such a manner (intentionally or otherwise) as to void or limit the cover under the Insurance Policy. d) The CHARTERER shall carry independent Insurance for Personal Effects whilst on board or ashore and for Medical or Accident expenses incurred other than covered under the Yachts insurance.

LAW The parties hereto hereby agree that this contract shall be governed by and subject to the jurisdiction of the COURT OF PALMA DE MALLORCA at the absolute discretion of Marina Yachting this contract shall be governed by the Laws of the country of residence of the Charter and/or subject to the jurisdiction of the country of residence of the Charterer.

DEFINITIONS FORCE MAJEURE In this Agreement "force majeure" means any cause directly attributable to acts, events, non happenings, omissions, accidents or Acts of God beyond the reasonable control of the OWNER or the CHARTERER (including but not limited to, strikes, lock-outs or other labour disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation major mechanical or electrical breakdown beyond the crew's control and not caused by MARINA YACHTING Negligence).