Terms and conditions for bareboat charter

Globalia Yachting LTD, a legal entity registered under the Law of the Republic of Cyprus, with registration number 0405069U having its registered address at Θεμιστοκλή Δέρβη, 41, Hawaii Nicosia Tower, office: 806-807, 1066, Λευκωσία, Cyprus hereinafter referred to as the "Charter Operator" on the one hand and hereinafter referred to as the "Charterer" or "Client" on the other hand. Both collectively referred as to the "Parties" have entered into this Legal Charter terms and conditions for bareboat charter on the terms and conditions below:

SCOPE OF THE AGREEMENT

1.1. The Charter Operator, in accordance with these Legal Charter Terms and Conditions, will rent the Charter Vessel (as defined below) to the Client for the Charter Period (as defined below) and guarantees the Charter Vessel is in good condition and their machinery in proper working order.

1.2. The Client confirms the reservation of the Charter, makes the Advance payment and establishes the legal relationship with the Globalia Yachting thereby accepting these Legal Charter Terms and Conditions.

2. DEFINITIONS

2.1. Advance payment means 50% of the Charter Fee that should be paid at the booking of the vessel.

2.2. Charter means all the processes that is occuring during the Charter Period or within the reservation and its confirmation, changes or cancellation.

2.3. Charter Fee means consideration for the charter of the Charter Vessel including VAT.

2.4. Charter Period means the period from the Charter Start Date till Charter Return Date both inclusive.

2.5. Charter Vessel means Vessel brand, length, type, flag, port of registration, name and registration number.

2.6. Home Marina means the New Limassol Marina which is located in Limassol, Republic of Cyprus.

2.7. Obligatory Payments mean all payments that shall be made before the Check-in which include:
(i) Advanced Payment or full payment of the Charter Fee,
(ii) Damage Deposit,
(iii) payments for any additional services, specified in the booking confirmation.

2.8. Website means https://www.globaliayachting.com

3. RESERVATION AND PAYMENT

3.1. The Client reserves the Charter Vessel for the Charter Period either through the Website, or by email, or by the telephone, or by fax, or directly in the Charter Operator’s offices.

3.2. The Charter Vessel is considered as booked only upon written confirmation of the Charter Operator by email.

3.3. The Advance Payment shall be made by the Client through the website or by the wire transfer to the bank account of the Charter Operator.The Client shall, within the period of 7 days from the confirmed reservation, make 50% advanced payment or full payment of the Charter Fee.

3.4. In case of 50% advanced payment the Client is obliged to pay the remaining balance of the Charter Fee not later than 45 calendar days before the Charter Start Date of the Charter Period.

3.5. The Client can check in on board to the Charter Vessel providing that all the Obligatory Payments have been made before or on the Charter Start Date.

3.6. If client’s charter begins in less than 45 days and the Vessel is available for that period, the Client is obliged to pay 100% of the Charter Fee to confirm the reservation.

3.7. Charter prices are listed in Euros at the current price lists of Globalia Yachting and include VAT.

3.8. The Charter includes accommodation in a technically serviceable and clean vessel with full tanks of fuel and water, all ready to use equipment on board, and with insurance, anchorage in the Home Marina for the first and last days, sailing permit.

3.9. In addition to the Charter Fee, the Client shall pay:

  • all fuel costs for the Charter Vessel
  • all watersports equipment
  • all marina’s fee, pilot and skippers’ fees, water, electricity and national and/or local taxes if applicable and food and beverages, personal laundry and all other amenities costs
  • all harbor and other entry fees in other marinas, and other necessities, such as car parking and health insurance of the crew members

4. CHANGES OR CANCELLATION OF THE CHARTER

4.1. If the Client wishes to change the Charter Period or cancel the reservation, a written request shall be sent to the Charter Operator via email, fax or through the contact form on the Website.

4.2. Any changes or cancelations of the Charter are considered as confirmed only upon written confirmation of the Charter Operator by email.

4.3. If the Client cancels the reservation in writing, the Charter Operator reserves the right to apply the following cancellation charges:

  1. If a cancellation is made up to 45 days prior to the Charter Start Date the Charter Operator charges 50% of the Charter Fee, AKA the advance payment.
  2. If a cancellation is made within 45 days prior to the Charter Start Date the Charter Operator charges 100% of the Charter Fee.
  3. If a cancellation is made after check-in or during the Charter Period the Charter Operator retains 100% of the Charter Fee and charges to the Client all expenses incurred in the result of the cancellation.

4.4. If the Client wishes to make changes in his reservation (change of the Charter Start Date, duration of the Charter Period, time of check-in or check-out, etc.), the Charter Operator reserves the right to apply the following administrative charges:

  1. In the event of change of the Charter Period dates, the Charter Operator reserves the right to charge additional 15% of the Charter Fee to make such changes provided if the Vessel is available on such dates.
  2. If the Client wishes to change check-in time and/or check-out time within the same Charter Period, the Charter Operator will not be able to make any compensation and will not be liable to the return of any proportional part of the Charter Fee.
  3. If the Client for any reason wishes to prolong the Charter Period after the Charter Start Date, the Client should notify the Charter Operator in advance. The Charter Operator will charge the Client, in accordance with the daily charter fee, to prolong the Chatrer, provided the Vessel is available.

4.5. If the Client has to cancel the reservation due to objective reasons (serious illness, etc.), the Charter Operator is not liable to return the paid amount, but if the Client asks to rent the yacht for the other period the Charter Operator may arrange changes of dates for the Charter according to the paragraph 4.4(a).

4.6. If the Client decides to terminate the Charter and deliver the Chartered Vessel prior to the end of the Charter Period, the Charter Operator will not be liable to the return of any proportional part of the Charter Fee.

5. FORCE MAJEURE

The Charter Operator is not liable for any damages and losses in the event of reservation changes or cancellation due to situations such as war, riot, strikes, terrorist activity, exceptional sanitary conditions, natural disasters, interventions of local authorities, or flight cancellation, etc.

5.1. If the force majeure cases occurred, all the payments made towards the Charter will be used as a credit for a future Charter. No refunds will be provided.

5.2. The Charter Operator will work with the Client for arranging and booking a new Charter on a different Charter Vessel agreeable to the Client, at a new location, or on new dates, or both, based upon availability and the Client’s preference.

5.3. If the Parties agree with a new Charter at that time, the Client’s payments will remain as a credit with the Globalia Yachting, with the expiration date no later than 2 years from the date of booking. The price for the future charter is considered as the price of the updated date & vessel minus the credit note of the client.

5.4. The Charter Operator is not responsible for any additional expenses incurred by the Client as a result of changes to their Charter due to a force majeure event.

6. DAMAGE DEPOSIT

A refundable damage deposit has to be paid (the amount is listed for every Charter Vessel in the booking confirmation document) in cash, or by credit card, during the check-in. The deposit is refundable in the total amount after check-out is done at the contracted time and place, and if no damages or other faults are found on the Charter Vessel.

6.1. An additional damage deposit may be collected for every incident that occurs thereafter.

6.2. If the Charter Vessel experiences any additional loss or damage during the Charter, the Charter Operator reserves the right to require additional damage deposits as needed.

6.3. The Client shall notify the Charter Operator within 24 hours for any loss or damage to the Charter Vessel.

6.4. After Check-in, the Client is responsible for the repair of any damage or failure that may occur while the Vessel is in the Client’s responsibility.

6.5. The Client shall previously obtain the consent with the Charter Operator for the technical suitability of the repair to be made, and has the right to make the repairs.

6.6. If the damage occurred, or some equipment is missing, then the Damage deposit will be used for the transaction fee of damages in the same amount as the damage cost. The rest will be returned to the Client.

6.7. If the fuel tanks are not filled during the returning of the Charter Vessel, the full amount needed to fulfil the fuel tanks will be deducted from the Damage deposit, plus the cost of filling.

7. INSURANCE

7.1. The Charter Operator insures the Charter Vessel and its equipment as per the Cyprus law and against fire, marine and collision risks, the Third-party damage, and against any, and all loss or damage.

7.2. The Client, therefore, shall be relieved of liability which is covered by the insurance policy. In this case, it should be proved that such loss or damage is not caused or contributed to by any act of gross negligence or with full default on the Client's part.

7.3. The Charter Operator does not take any liability for loss or damage to the personal property, or for any injury to the Client, or any person on board within the Client's permission.

7.4. In the event of gross negligence by the Client causing loss or damage to the Charter Vessel, the Client is liable for the full cost of repairs.

8. CHECK-IN AT THE CHARTER

8.1. The Globalia Yachting agreed to fit out the Charter Vessel and to hand it to the Client, without crew, clean, with bed linen and towels, ready for sea, with all the gear and the approved equipment and in proper running and seaworthy condition.

8.2. The delivery of the Charter Vessel to the Client will be made at the commencement of the Charter Period as agreed. The time required to demonstrate the Charter Vessel to the Client and to familiarise them with Charter Vessel is a part of the agreed Charter Period.

8.3. Upon check-in, the Client is obliged to carefully inspect the Charter Vessel and its equipment, and certify that the condition of inventory and equipment complies with the check-in list.

8.4. The Charter Operator will provide the Charter Vessel only under the following conditions:

  • full payment and damage deposit from the Client
  • signature by both Parties of the Charter Vessel’s delivery contradictory statement (inventory) specifying Charter Vessel and equipment conditions
  • provision of the Copy of Client’s sailing’s license and an identification card
  • provision of the Copy of Client’s passport
  • listing of charter’s crew members with names and addresses.

8.5. If the Charter Vessel for any reason is not provided to the Client, then the Client is entitled to a refund from the Charter Operator for the days in which the Client was not able to have the Charter Vessel at his disposal.

8.6. If the Charter Vessel for any reason is not provided to the Client, the Charter Operator has the right to offer to the Client a replacement of the Charter Vessel which must be of the same or better standard than the previously booked one.

8.7. If the Charter Operator fails to provide a replacement of the Charter Vessel, then the Client has the right to terminate the agreement and claim the refund from the Charter Operator.

8.8. If the Charter Operator during the Check-in fails to provide a replacement of the Charter Vessel, then the Client has the right to terminate the agreement and claim the refund from the Charter Operator. In this case, the Charter Operator may also offer a new Charter for a new Charter period. If the Parties agree with a new Charter, the Charter Operator may arrange changes for the Charter according to paragraph 5.3.

9. RETURN (CHECK-OUT) OF THE CHARTER VESSEL

The Client agrees:

9.1. The Client agrees to return the Charter Vessel, in the destination port, marina defined by the Contract or Invoice. The Client shall take out his/her waste, dispose and personal belongings at the designated place in the marina.

9.2. To return the Charter Vessel to the Charter Operator at the agreed date, time and place, together with all its equipment, in the same good condition as it was at check-in.

9.3. If the Charter Vessel becomes a total loss or is damaged in any way hindered from coming back to the place of return, if the Client will for any reason, weather conditions included, fail to deliver the Charter Vessel at the aforesaid date and time and place, the Client have to pay to the Charter Operator the demurrage at the rate of the Charter Fee per day increased by fifty percent (50%), for every day until the return has been effected.

9.4. If during the Charter Period, for any reason it is not possible to return the Charter Vessel and/or the delay of return of the Charter Vessel is inevitable, the Client must inform the Charter Operator, for the further instructions. Unfavorable weather conditions cannot justify delays to the agreed arrival of the Charter Vessel.

9.5. If the Client leaves the Charter Vessel at any place other than the place designated in the Agreement or Invoice, the Client agrees to pay to the Charter Operator all expenses involved in transferring the Charter Vessel to the place of return and demurrage for the number of days required for this transfer, as well as for any loss or damage which may occur on to the Charter Vessel until it has been taken over again by the Charter Operator.

9.6. If the Client fails to return the Charter Vessel to the Charter Operator at the designated place and time due to intentional delay or change of itinerary, the Client agrees to pay the Charter Operator the prorated charter fee plus 50%. Any starting day beyond the charter term is considered as a full day.

9.7. If delay in return exceeds twenty-four (24) hours, the Client shall be liable to indemnify the Charter Operator for any loss or damage, which the Charter Operator may suffer including deprivation of use of the Charter Vessel or cancellation, or delay in delivery under any subsequent charter of the Charter Vessel.

10. SAILING COMPETENCE OF CHARTERER AND CREW

10.1. The Charter Operator may require the Client and his crew to demonstrate their competence in handling and navigating the Charter Vessel safely by actually operating the Charter Vessel at sea with the Globalia Yachting representative aboard. If the Client and/or his crew fails to satisfy the Globalia Yachting representative in this respect, the Charter Operator may terminate the Agreement.

10.2. The Charter Operator may offer or place aboard the Yacht, if available, a professional skipper, if it's acceptable by both sides the Charter Operator and the Charterer. In this case all the expenses for the skipper service for as many days as the Charter Operator will be considered necessary for the safety of the Yacht and its passengers will be part of the agreed Charter period will be paid by the Charterer.

11. CLIENT'S RESPONSIBILITY

After check-in, all expenses for marinas, water, fuels, and any other required facilities, as well as the repair of any damage or failure that may occur while the Charter and which are made of the result of not proper use of the Charter Vessel shall be made by the Client. All the repairs should be previously discussed and obtained with the consent of the Charter Operator for the technical suitability of the repair to be made.

11.1. Mooring fee for Limassol Marina at the first and the last day of the Charter is included in the charter fee. All other days, the mooring should be paid according to the marina’s daily rates by the Client.

11.2. Upon delivery, the Client and crew are fully responsible for the Charter Vessel and for any damage to property or injury to persons that could happen including third parties. The Client or a skipper on board should have a good navigation experience and all necessary documents related to navigation.

11.3. The Client should take every possible preventive measures and precaution to avoid bringing the Charter Vessel in any condition in which it will need to be towed to any point by another vessel.

11.4. In the case of the towing necessity arise, in spite of the Client’s efforts, the Client should immediately contact and notify the Charter Operator and receive the following instructions.

11.5. The Client should not leave a marina or anchorage if the harbor authorities have issued a prohibition of sailing, or while the Charter Vessel has unrepaired damage or without sufficient reserves of fuel, or, in general, when weather conditions or the state of the Charter Vessel, or its crew, or a combination of them concerning the safety of the Charter Vessel and its crew is uncertain.

11.6. The Client is responsible for sailing and anchoring only in the safe area that is marked and to avoid sailing without previously studying the charts of the area and its restrictions, the Client is obliged to sail solely in the Cyprus territorial waters. The Client shall not sail at night without the prior consent of the Charter Operator.

11.7. The Client is to be held responsible in case the Charter Vessel is confiscated due to illegal activities of the Charter Vessel.

11.8. In case of damage and/or accident, the Client is obliged to record the course of events and request a written certification from the nearest Harbour master office, doctor or other authorized persons. The Client is obliged to inform the Charter Operator.

11.9. The Client is obliged to check daily the engine oil level. If it is determined that there is damage incurred to the engine due to a lack of oil in the engine, the Client is obliged to pay the costs of the damage.

12. THE CLIENT AGREES NOT TO:

  • hand over the Charter Vessel to a third party;
  • not to use the Charter Vessel for the transport of people or goods for commercial purposes;
  • not to have on board more people than it has been confirmed in the list of the crew;
  • should be responsible for crew members and keep a crew list and other documents on board during sailing;
  • not to participate in regattas without the prior written consent of the Charter Operator;
  • not to operate the boat under the influence of alcohol and/or drugs;
  • not to embark pets onboard without prior approval from the Charter Operator;
  • not to enter the territorial waters of Northern Cyprus and the United Nations Buffer Zone in Cyprus. To not enter the territory behind Paralimni Sands beach in the east part of Cyprus and Pachyammos Beach or Pomos Beach in the west part of Cyprus.

    13. LEGAL TERMS

    13.1. This Agreement is governed by the Law of the Republic of Cyprus. These conditions are the basis for resolving any dispute that may arise between the Client and the Charter Operator.

    13.2. Any changes or amendments to the Legal Charter Terms and Conditions are valid only in writing and if agreed upon by both Parties.