Terms of Service

1. Delivery of the Yacht

The Owner/Operator shall deliver the chartered yacht to the Charterer at the start of the agreed charter period in a clean and seaworthy condition, and with any equipment specified in the marketing materials. The Owner/Operator agrees that the yacht is compliant with any appropriate safety, insurance and chartering regulations in place at the time.

Should the Owner/Operator be unable, even through no fault of his own, to deliver the chartered yacht or a similar yacht at the commencement of the charter period, he is obliged to reimburse a pro-rata sum of the charter fee to the Charterer. In this event here will be no further rights or claims for damages or compensation from the Charterer.

Should the Owner/Operator be unable to deliver the chartered yacht or a similar yacht for the charter period, the Charterer is then entitled to cancel this Agreement, this cancellation being in writing to the Owner/Operator. In this event, refund of the full charter fee is payable and there will be no further rights or claims for compensation.

2. Crew

The Owner/Operator shall provide a Skipper qualified in accordance with the Vessel’s licensing requirements and acceptable to the insurers of the yacht. He shall also provide a suitably qualified and properly trained First Mate. No member of the Crew shall carry or use any illegal drugs on board the yacht or and the Skipper and First Mate shall comply with the laws and regulations of any country into whose waters the yacht shall enter during the course of this Agreement.

3. Insurance

Fully comprehensive insurance covers damage to the yacht, but the Charterer agrees that he is liable for all damage through breach of this Agreement, negligence or malicious or willful acts.

Throughout the period of this Agreement the Owner/Operator shall insure the yacht with first-class insurers against all customary risks for a yacht of her size, value, and type. The insurance shall also cover War, Strikes, Pollution and include insurance of Crew against injuries and/or Third Party liabilities incurred during the course of their employment.

The Charterer shall remain liable for any loss, damage or liabilities arising from any act or negligence of the Charterer or their party.

The Charterer should carry independent insurance for Personal Effects whilst on board or ashore and for any Medical or Accident expenses (including emergency transport evacuation) incurred.

The Charterer should be aware that neither Charterer’s Liability Insurance nor Cancellation and Curtailment Insurance are included in this Agreement.

We strongly advise that the Charterer ensures that all of his party have adequate personal accident insurance.

5. Use of the yacht and equipment

(a) The Charterer agrees to ensure the yacht returns in the same condition as it was prior to the charter. Standard cleaning after the charter is included in the charter price, however any additional cleaning that is required over and above the standard time of 1 hour may be chargeable. The Owner/Operator will provide an invoice detailing any extra cleaning required.

(b) The Charterer agrees to handle the yacht and yacht’s equipment as if it were his own property, with proper care and handling, to operate it according to the rules of good seamanship and common sense, and to respect and act according to the rules and regulations of the marine and harbour authorities, as well as the customs authorities and police.

The Charterer is personally liable to the above mentioned authorities in the event of any, even non-deliberate, violation of the law, by the Charterer or their party

(c) ALCOHOL CONSUMPTION. The Charterer agrees that any guests who consume alcohol on board the yacht will behave in a responsible manner. (Strictly NO Red wine to be consume onboard).

If the Skipper deems that any of the Charterer’s guests have consumed an excessive amount of alcohol and/or are behaving in a manner that compromises the safety of the guests and crew, and/or is causing damage to the yacht, it’s fittings, fixtures or equipment, the Skipper will immediately curtail the charter and return to the dock. In this event, there will be no refunds given.

(d) The Charterer is liable for all damage to the yacht or equipment, as well as for personal injury to third parties and hired staff, plus any resulting damage or loss, which is caused by him or his party with or without intent or through negligence, and not covered by the insurance.

The Charterer is liable for any items removed from the boat such as, but not limited to, towels, glasses, cutlery, beverages not purchased by the charterer.

(e) The Charterer understands the risks involved in water activities such as, but not limited to, swimming, snorkelling, kayaking, riding on the dinghy and its towing inflatables, contact with marine fauna, and that any participation in such activities by the Charterer or their party is entirely at their own risk.

(f) The Charterer agrees that all children on the yacht should be accompanied by a responsible adult. The Charterer understands that children are the parents/adults responsibility, and that the Skipper or Crew will be unable to look after the children.

(g) The Charterer agrees herewith:

(g.1) to abide by any instructions given by the Skipper. The Skipper is responsible for the safety of the guests and care of the yacht and thereby will issue instructions accordingly.

(g.2)that they will not change the agreed cruising itinerary without prior approval from the Skipper; - to pay all harbour and visit fees where applicable;

(g.3) to observe good nautical and traditional yacht customs;

(g.4) to use no scouring, corrosive or chlorinated cleaning agents whilst on the yacht.

6. Damage to the yacht

Any damage caused to the yacht by the Charterer, or any extra cleaning required due to the state the Charterer returned the yacht, or any other ad hoc expenses incurred during the charter by the Owner/Operator on behalf of the Charterer, shall be charged to the Charterer following the charter. The Charterer agrees that any such costs can be charged without protest to the credit card provided as security deposit. Payment must be made immediately in Cash or paynow in full.

The Owner/Operator will provide the Charterer with receipts of the charges for their reference.

In the case of damages, prior to the charge, if the Charterer requests, the Owner/Operator agrees to allow the Charterer to inspect the damage, and get their own independent assessment and quote for repair (to a standard that is acceptable to the Owner/Operator).

7. Disembarkation from the yacht

It is imperative to plan the cruise carefully and to begin the return trip in due time in order to guarantee a punctual arrival in the port of disembarkation, even in the event of unfavourable conditions.

A delayed disembarkation through fault of the Charterer will incur an hourly penalty of double the hourly charter fee. In addition, the Charterer is liable for expenses incurred by the Owner/Operator and the next charter party, if the next charter party is delayed by the delayed disembarkation.

Should the cruise have to terminate at any place other than the agreed port, through fault of the Charterer, the Owner/Operator must be informed immediately. In this case, the Charterer is liable for all costs incurred to return the yacht to the agreed port of disembarkation.

Weather conditions must be taken into consideration when calculating a flexible cruise itinerary to avoid incurring delay penalties. Delays caused by adverse weather conditions are subject to the same penalties as any other delays.

Any time required for repairs to damage, caused by negligence and not covered by the insurance is also classed as a delay.

A charter may be extended, subject to availability, and upon agreement with the Skipper and the Owner/Operator. Extensions will be based on an hourly rate calculated at the published rack rate, according to the length of the original booked charter.

8. Curtailment of charter

In the event that the yacht cannot continue to sail due to mechanical reasons, and the Owner/Operator is unable to provide a similar yacht, and the charter is curtailed, the Owner/Operator is obliged to reimburse a pro-rata sum of the charter fee to the Charterer. In this event there will be no further rights or claims for damages or compensation from the Charterer.

In the event of severe weather conditions forecast for the duration of the charter period, the Owner/Operator reserves the right to reschedule the charter. No refund will be given should severe weather occur and no refund will be given should the rescheduled charter take place during a less expensive charter period.

The professionally qualified Skipper or Engineer (hereafter known as the Skipper), employed by and as the representative of the Owner/Operator aboard the charter yacht, has absolute authority and his instructions must be adhered to at all times. The Skipper will comply with all reasonable requests of the Charterer but the Skipper will be the sole judge of all matters concerning seamanship and safety of the yacht.

In adverse weather conditions, where the Skipper is concerned for the safety of the yacht, party and/or crew, the decision of the Skipper is final. The Skipper may return the yacht to the port of embarkation or port of disembarkation (whichever is the closer), or the nearest shelter or suitable anchor bay.

In the event that the Skipper deems that it is unsafe to continue with the charter, the Owner/Operator reserves the right to reschedule the outstanding charter period. No refund will be given, and no refund will be given should the rescheduled charter period take place during a less expensive charter period.

In the event where the Skipper is concerned for the safety of the yacht, party and/or crew, the decision of the Skipper is final. If any member of the party/crew fails to comply with the reasonable instructions of the Skipper, he may return the yacht to the port of embarkation or port of disembarkation (whichever is the closer), whereupon the charter will be terminated and the Charterer will not be entitled to repayment of any part of the charter fee or any other remedy.

We strongly recommend that Charterers take out Cancellation and Curtailment Insurance to protect their investment if unforeseen circumstances prevent or curtail their charter.

9. Cancellation policy

Cancellation of the charter will incur the following penalties:

- Cancellations made more than 28 days prior to charter departure date will receive a full refund less an administration fee of S$300

- Cancellations made less than 28 days prior to departure, no refund of the deposit will be made, or 50% of the fees will be refunded if full payment has been paid, whichever is applicable

- Cancellations made less than 14 days prior to departure, the full amount will be forfeited.

The Owner/Operator is entitled to cancel this Agreement should the Charterer fail to meet his payment deadlines. In this event, the Charterer shall have no further rights or claims for compensation.

We strongly recommend that Charterers take out Cancellation and Curtailment Insurance to protect their investment if unforeseen circumstances prevent or curtail their charter.

10. Legality and validity of this Agreement

This Agreement is subject to the laws applicable at the registered office of the Owner/Operator. Should one part of this Agreement be deemed invalid, the effectiveness of the remaining regulations is not affected.

This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter thereof. No modification of this Agreement shall be valid unless in writing and signed by each of the parties.

For purposes of this transaction any signed document transmitted by FAX machine or EMAIL shall be treated in all manner and respects as an original signature. Any such FAX or EMAIL document shall be considered to have the same binding legal effect as an original document. Where no signature is required, payment on invoice constitutes acceptance of Agreement.

11. Feedback procedure

Any feedback concerning the yacht or the Owner/Operator must be documented immediately on completion of the charter.

PLEASE NOTE, ONCE PAYMENT HAS BEEN RECIEVED, IT IS AN AKNOWLEDGEMENT THAT YOU HAVE READ THE TERMS AND CONDITIONS ABOVE AND YOU AGREE TO THE TERMS AND CONDITIONS STATED ABOVE.