Terms and Conditions for Sailgency
These Terms and Conditions (“Terms”) outline the legal rights and responsibilities of:
· Sailgency (“Agency”),
· The Charterer (“Client”),
· The yacht Owner or Charter Company (“Owner”).
By using Sailgency’s services, the Client agrees to these Terms, which form part of the contractual relationship between all parties.
1. General Provisions and Definitions
1.1 Role of the Agency: Sailgency operates solely as an intermediary between the Charterer and the Owner. The Agency facilitates the booking process and is not a party to the final charter agreement unless explicitly stated.
1.2 Definitions:
· Charterer (Client): The person or entity booking the yacht.
· Owner: The yacht’s owner or the management company responsible for its operation.
· Extras: Additional services or equipment requested by the Charterer (e.g., skipper, hostess, transfers).
1.3 Legal Binding: These Terms are binding upon payment of a deposit or confirmation of a booking.
2. Booking Confirmation
2.1 A booking is confirmed only when:
· The deposit payment (as outlined in the Proforma Invoice) is received by the Agency.
· The Owner confirms the yacht’s availability.
2.2 If payment deadlines are missed, the booking may be canceled without refund.
3. Payment Terms
3.1 Payment Schedule:
· 50% deposit upon booking confirmation.
· Balance payment is due no later than six weeks before embarkation.
· Full payment is required for last-minute bookings (less than six weeks before departure).
3.2 Bank Transfer Fees: The Charterer is responsible for all bank transfer charges. Failure to settle these charges may delay or cancel the booking.
3.3 Additional Fees: Payments made by debit or credit card may be subject to a processing fee.
4. Charter Price and Extras
4.1 Inclusions: The base charter price includes the yacht, standard equipment, and check-in/check-out services.
4.2 Exclusions: Additional costs such as fuel, marina fees, provisioning, harbor dues, and VAT adjustments are the Charterer’s responsibility.
4.3 Extras: Additional services (e.g., skipper, hostess, transfers) must be requested during booking and confirmed in writing at least 10 days before embarkation. Last-minute requests are subject to availability.
5. Skipper and Crew
5.1 Skipper Requirement:
· If the Charterer lacks an approved sailing license, a professional skipper must be hired.
· The Charterer is responsible for the skipper’s fees, meals, and accommodation.
5.2 Crew Treatment: The Charterer and guests must treat all crew members (skipper, hostess, cook) with respect, ensuring proper rest periods and professional conduct.
6. Cancellation Policy
6.1 Cancellation by Charterer:
· More than 2 months before departure: 35% of the total charter fee.
· 1-2 months before departure: 65% of the total charter fee.
· Less than 1 month before departure or no-show: 100% of the total charter fee.
6.2 Cancellation by Owner:
· The Owner may offer an alternative yacht of similar specifications or a full refund in cases of cancellation.
6.3 Cancellation of Extras: Fees for canceled services (e.g., skipper, hostess) follow the same percentage structure as yacht cancellations.
7. Security Deposit and Damages
7.1 The Charterer must pay a refundable security deposit before embarkation. This deposit covers damages, equipment loss, or delays.
7.2 Retention of Deposit:
· Full or partial deductions apply for damages or breaches of terms.
· Gross negligence (e.g., operating under the influence) may result in liabilities exceeding the deposit.
8. Check-In and Check-Out
8.1 Check-In: The Charterer must verify the yacht’s condition and inventory during check-in and sign the corresponding documentation.
8.2 Check-Out:
· The yacht must be returned with full fuel and water tanks.
· Damages identified during check-out will be deducted from the security deposit.
9. Charterer’s Responsibilities
9.1 Sailing Area: The Charterer must obtain prior approval for sailing outside designated zones, which may incur additional insurance and fees.
9.2 Behavioral Guidelines:
· Illegal drug use, reckless operation, or excessive noise is strictly prohibited.
· Pets are not allowed onboard without prior written approval.
9.3 Documentation: The Charterer must provide accurate crew lists, sailing licenses, and identification documents at least 10 days before embarkation.
10. Liability and Force Majeure
10.1 Agency’s Liability: Sailgency is not liable for issues caused by third parties (e.g., Owner or Charterer). The Agency’s responsibility is limited to services within its control.
10.2 Force Majeure: In cases of natural disasters, pandemics, or other uncontrollable events, refunds or rescheduling are subject to the Owner’s policies.
11. Complaints and Dispute Resolution
11.1 Complaints:
· Complaints must be submitted in writing during or immediately after the charter.
· Sailgency will mediate disputes but is not liable for unresolved issues between the Charterer and the Owner.
11.2 Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Poland.
12. Miscellaneous Provisions
12.1 Booking Amendments: Administrative fees may apply for changes to booking details (e.g., name changes, date adjustments).
12.2 Insurance: The Charterer and guests are strongly encouraged to purchase travel and liability insurance.
12.3 Validity: These Terms replace any previous agreements and are subject to periodic updates.